Barefoot v. Jennings
The court held that, notwithstanding a beneficiary's removal from a trust, a former beneficiary retains standing under Probate Code §§ 17200 and 17202 to sue in probate court to contest a disinheriting amendment on the grounds of incompetence, undue influence, or fraud, thereby permitting early challenges of suspect trust amendments.
Date Filed: January 23, 2020
Case Name: Barefoot v. Jennings
Case Number: S251574A
Court: California Supreme Court
(‘The Court decides whether a person who has been removed as a beneficiary can sue in probate court to contest a trust amendment alleged to be the product of incompetence, undue influence, or fraud. It holds that, under Probate Code §§\u202f17200 and\u202f17202, a former beneficiary retains standing to challenge the validity of a disinheriting amendment on those grounds, even though she is no longer named in the trust’s final version. This ruling opens the probate courts to early challenges of suspect trust amendments, safeguarding settlor intent and preventing fraudulent or coerced disinheritances.’, ‘5a463fe7’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.