California Court of Appeal

In an action involving a challenge to a trust, trial court ruling that plaintiff's proposed petition would violate a trust's no contest clause is reversed where the the language of the clause does not unequivocally express the intent of the trustor that a beneficiary could challenge amendments to the estate plan only upon pain of forfeiture.

Appellate Information

• Decided 02/23/2009
• Published 02/23/2009

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard H. Benes and Stephen A. Bond, San Diego, for Appellant.


• For Appellees:
  
• Flynn & Stillman and Philip H. Stillman, Cardiff-By-The-Sea, for Respondent.