Donkin v. Donkin
The court addressed important issues in California probate law.
Date Filed: April 03, 2020
Case Name: Donkin v. Donkin
Case Number: B293127
Court: California Supreme Court
(‘The court holds that the Donkin Family Trust is not a continuing discretionary spendthrift trust; the trustees are obligated to make the required distribution to the beneficiaries “as soon as practicable” after both trustors die, and the beneficiaries’ surcharge and accounting petitions are not barred by Probate Code §\u202f16061.8 because they do not constitute a contest of the trust. The court also affirms that trustees may represent themselves in a probate dispute over trust interpretation without engaging in the unauthorized practice of law. This decision clarifies how California courts interpret discretionary‑spendthrift language, limits the statute‑of‑limitations defense for beneficiary actions, and confirms that self‑representation by trustees is permissible in trust‑interpretation litigation.’, ‘084b167b’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.