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.