BethanyLutheranCollege v. Gentry
Appellants (the Gentrys) appeal from a ruling on an application by Bethany Lutheran College, Inc., and Bethany Lutheran Theological Seminary (collectively the Bethany entities) under Probate Code section 21320 to determine whether a proposed probate court petition would constitute a contest to testamentary instruments under which they are beneficiaries. The proposed probate court petition sought to invalidate (1) certain pre death transfers made by Charlotte Becker several months before her death and (2) an amendment that Becker made to her trust shortly before her death. Upon the Bethany entities' application under section 21320, the probate court ruled that neither aspect of the proposed petition would constitute a contest in violation of the no contest clauses in the applicable instruments.
Court determine (1) that the relief sought by the Bethany entities regarding the pre death transfers does not constitute a contest, but (2) that the relief concerning Becker's amendment to her trust does constitute a contest. Accordingly, court reverse the probate court's ruling in part, and affirm it in part.
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