Estate of PHILIP TIMOTHY WILSON, Deceased. ANTIPAS JOHNLANG KONOU, Petitioner and Appellant, v. STEPHEN M. WILSON et al., Objectors and Respondents
211 Cal. App. 4th 1284 · A133952
California Court of Appeal, First Appellate District · Filed
Holding
The court held that a validly executed domestic partnership agreement, which included a clear waiver of inheritance rights, was not automatically invalidated by the subsequent marriage of the same-sex couple, and that the agreement constituted an enforceable waiver of the surviving spouse’s right to claim an omitted spouse’s share of the estate.
Statutes construed
- FAM § 308.5
- PROB § 11702
- PROB § 140
- PROB § 141
- PROB § 142
- PROB § 143
- PROB § 144
- PROB § 145
- PROB § 146
- PROB § 147
- PROB § 21610
- PROB § 21611
Cited by (2)
- MARK S. NOVAK, Plaintiff and Appellant, v. MICHAEL FAY, as Trustee, etc., Defendant and Respondent (2015) 236 Cal. App. 4th 329
- ESTATE OF John O'CONNOR, Deceased. Kevin O'Connor, as Executor, etc., Petitioner and Respondent, v. Brian O'Connor et al., Objectors and Appellants. (2018) 237 Cal. Rptr. 3d 519