« The Creation of Joint Accounts with Survivorship Rights After Execution of a Will Cannot Alter the Will | Main | Joint Revocable Trust is Mutual and Contractual and Therefore Cannot be Amended by Sole Surviving Settlor »
October 9, 2008
A Challenge by a Guardian ad litem is Not Voluntary and Thus Does Not Trigger Forfeiture
In California, a trust included a no contest clause stating that any beneficiary who “voluntarily” participates in any proceed attacking the trust or the related pour over will would forfeit his or her interest. In Safai v. Safai, 78 Cal. Rptr. 3d 759 (Cal. Ct. App. 2008), the court held that a minor appearing in a proceeding attacking the validity of the trust by his guardian ad litem did not appear “voluntarily” and therefore was not subject to the no contest clause.
October 9, 2008 in New Cases, Wills | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef010535689aa9970b
Listed below are links to weblogs that reference A Challenge by a Guardian ad litem is Not Voluntary and Thus Does Not Trigger Forfeiture:
