Estate of Eimers
The court held that a beneficiary's holographic will that fails to contain the trust-required specific reference to a power of appointment may not be reformed under any extrinsic evidence, that strict compliance with Probate Code §§ 630, 631, and 632 is mandatory, that the trial court.
Date Filed: May 18, 2020
Case Name: Estate of Eimers
Case Number: B295609
Court: California Court of Appeal, Second Appellate District, Division Eight
(‘The Court holds that a beneficiary’s holographic will that does not contain the trust‑required “specific reference” to a power of appointment cannot be reformed to cure the defect; strict compliance with Probate Code §§\u202f630,\u202f631 and\u202f632 is mandatory. Accordingly, the trial court’s denial of the petition to amend the will is affirmed, and the trustee is recognized as an “interested person” with standing to enforce the trust’s terms. This decision underscores that extrinsic evidence cannot override a donor’s explicit appointment‑reference condition, preserving the integrity of trust‑based powers of appointment in California probate practice.’, ‘3ab2a107’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.