Kahn v. Brandt
Plaintiff and appellant Jamy Kahn appeals following the trial courts order sustaining the objections filed by respondent Barbara Brandt to appellants petition under Probate Code section 21320. Appellant sought to file a proposed petition challenging amendments to a trust on the ground that the trust did not authorize the manner in which the amendments were executed. The trial court ruled that appellants proposed petition would violate the trusts no contest clause. Court reverse. Although certain language in appellants petition sought to invalidate the amendments to the Trust, the petition essentially sought to ascertain the trustors intent regarding their power to amend. Moreover, the Legislature has determined in section 21305, subdivision (b)(1) that pleadings seeking relief pursuant to section 15400 et seq. do not violate no contest clauses as a matter of public policy. Because appellants petition expressly addressed whether the trust could be modified via a power of attorney when the trust instrument did not so provide ( 15401, subd. (c)), the petition did not violate the no contest clause as a matter of public policy.
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