Estate of Coufal
Petitioner Dwayne Coufal is the successor trustee and a beneficiary of his parents inter vivos trust. The trust contains a no contest clause that disinherits any beneficiary who challenges either the trust or a trustors Last Will and Testament. Following the death of Dwaynes father, his mother executed a will that purported to revoke the trust and disinherit Dwayne in favor of his brother, Paul Coufal. When Paul introduced his mothers will into probate, Dwayne filed two petitions under Probate Code section 21320 seeking declarations that neither a petition to enforce the trust nor a petition to contest the will would be deemed to violate the no contest clause of the trust. The trial court granted the requested relief. Court affirm.
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