Estate of GLADYS N. PETERSON, Deceased. SANDRA SUE O'DELL, as Executor, etc., Petitioner and Respondent, v. PATRICIA M. McKENNA, Objector and Appellant
72 Cal. App. 4th 431 · E022931
California Court of Appeal, Fourth Appellate District · Filed
Published · citable
Cites 3
Holding
The court held that a beneficiary is exempt from the enforcement of a no contest clause under Probate Code section 21307 if they had probable cause to believe the person benefiting from the contested provision was one who drafted, directed the drafting of, or witnessed the instrument, and that the beneficiary is not required to definitively prove that person actually fell into one of those categories.
Statutes construed
- CCP § 631.8
- PROB § 21307
Authorities cited (3)
- Estate of JAMES M. FERBER, Deceased; SANDRA PLUMLEIGH, Petitioner and Respondent, v. RICHARD E. FERBER, Individually and as Executor, etc., Objector and Appellant 66 Cal.App.4th 244
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents 56 Cal.App.4th 1410
- GLORIA ANN GRAHAM, Plaintiff and Appellant, v. ROBERT F. LENZI, Defendant and Appellant 37 Cal.App.4th 248