Shapiro v. Cohen
A beneficiary of a trust petitioned for declaratory relief pursuant to Probate Code section 21320, subdivision (a)[1] seeking a determination whether a proposed petition seeking removal of the Trustee and an accounting was a contest within the terms of the no contest clause in the trust. The trial court found the proposed petition did not violate the no contest clause and granted the declaratory relief petition. The Trustee appeals. Section 21305 defines certain proceedings as not violating a no contest clause. The proposed petition was a pleading regarding the removal of a fiduciary and a pleading regarding an accounting of a fiduciary, which were not violations of a no contest clause. Because three subtrusts were established by an amendment to the trust, which did not contain a no contest clause, the proposed petition seeking an accounting did not violate a no contest clause. Court affirm the order granting the petition for declaratory relief.
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