Shook v. Delich
Bert E. Shook (Bert) filed an application pursuant to Probate Code section 21320[1]to determine whether the probate petition he planned to file would violate the no contest clause in the trust executed by his mother, the decedent, Lottie M. Shook (Lottie). Relying on section 21305, subdivision (a), Bert argued his proposed petition challenging a trust amendment, executed a few months before Lotties death, would not constitute a contest. The trial court determined section 21305, subdivision (a), was inapplicable and, therefore, under the common law the proposed petition would invoke the no contest clause. Court conclude this ruling was erroneous as a matter of law and reverse the order.
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