Trusts and Estates
Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 3, 2024
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside This Issue
- Is Probate Dying? a Look At Ab 2016 and a Survey of Probate Administration Statutes For California Practitioners Preparing For the Future
- Letter From the Chair
- Letter From the Editor
- McLe Self-study Article: Combining Trusts To Reduce Complexity and Costs Can Be Harder Than You Think
- McLe Self-study Article: Creation, Exercise, and Transfer Tax Considerations of Powers of Appointment
- Tax Alert
- Tips of the Trade: Training Wheels Money
- Litigation Alert
LITIGATION ALERT
Written by Michael S. Brophy, Esq.*, Craig S. Weinstein, Esq.*, Sara Z. May, Esq.*, Courtney A. Sorensen, Esq.**, Ann Kinsey Schu, Esq.**
A DIRECT CONTEST OF A TRUST INSTRUMENT RESULTED IN FORFEITURE UNDER AN AMENDMENT BECAUSE THE ASSETS THE CONTESTANT SOUGHT TO INHERIT WERE GIVEN UNDER THE ORIGINAL TRUST INSTRUMENT
KEY V. TYLER (2024) 34 CAL.APP.5TH 505
The Second District Court of Appeal held that although the legislature provided a restriction on the type of contest that can support application of a no contest clause, if a prohibited contest does occur, there is no restriction on the scope of the forfeiture that may result.