Greenelsh v. Johnson
Kathryn Greenelsh (Greenelsh) appeals an order of the probate court that a demand for arbitration violated a trust's no contest clause.[1] She contends that her arbitration demand is not a contest because it does not pertain to an instrument, would not nullify or alter any provision of the trust, and is permitted by an express provision of the trust requiring arbitration of disputes. She also contends that the no contest clause does not apply to actions alleging trustee misconduct, and that her proceeding is statutorily exempt from the no contest clause because it alleges improper influence in preparing a trust instrument. (Prob. Code, 21307, subd. (b).) Court affirm.
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