Donkin v. Donkin CA2/1
Beneficiaries under a family trust filed a “safe harbor” petition to determine if their challenge to the successor trustees’ administration of the trust would amount to a “contest” under the trust’s “no contest” provisions. In response, the successor trustees filed a petition for instructions concerning the applicability of a new law which eliminated safe harbor petitions. The trial court found the beneficiaries’ challenge would not constitute a contest and denied the successor trustees’ petition for instructions. The successor trustees appealed and, ultimately, our Supreme Court affirmed the trial court’s decision. (See Donkin v. Donkin (2013) 58 Cal.4th 412 (Donkin).)
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