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California Court of Appeal


Funsten v. Wells Fargo Bank, 140941

In a consolidated trusts and estates action, arising from plaintiff's attempt to have himself named the sole successor trustee, the court held: 1) plaintiff was not entitled to a ruling on the merits of his safe harbor application to contest the trust instrument because the relevant statutory provision expired before he filed; 2) plaintiff was not a beneficiary under the underlying will and thus could not violate the no-contest clause of the will; and 3) the probate court correctly concluded that plaintiff did not violate the no-contest clause in the trust.

Appellate Information

  • Published 2016/08/01

Judges

  • RUVOLO

Court

  • California Court of Appeal

Counsel

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