Estate of Rein CA1/5
When she was a few weeks away from dying of cancer, and was taking large amounts of pain medication, decedent Brenda Keith Rein (Brenda) executed a trust, pour-over will and related documents that purported to transfer her property to a trust naming her adult children as beneficiaries and to “disinherit” her husband of almost 20 years. The trial court, sitting as the trier of fact in a bench proceeding, found that Brenda lacked the requisite testamentary capacity and invalidated the will and trust. We agree that the provisions of Probate Code sections 810 to 812, rather than section 6100.5 apply with regards to the trust, and conclude that substantial evidence supports the trial court’s ruling. We reject the remaining contentions of appellant Pamela M. Keith (Pamela) and affirm the judgment.
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