Knapp v. Ginsberg
The court held that a premarital agreement that fails to satisfy Family Code § 1615 because the spouse did not sign a written waiver of independent counsel is void-not merely voidable-and therefore cannot be cured or ratified by any later amendment to the estate plan, leading to reversal of the summary-judgment ruling and remand of the malpractice claim for further proceedings.
Date Filed: August 05, 2021
Case Name: Knapp v. Ginsberg
Case Number: B307559
Court: California Court of Appeal, Second Appellate District, Division Four
(‘The court decides that a premarital agreement that does not satisfy Family Code §\u202f1615—because the spouse did not sign a written waiver of independent counsel—is void, not merely voidable, and therefore cannot be ratified by a later amendment to the estate plan. Accordingly, the trial court’s summary‑judgment ruling is reversed and the malpractice claim is remanded for further proceedings. This holding matters for probate law because it confirms that non‑compliant premarital agreements are unenforceable regardless of subsequent consent, limiting the ability of parties to cure statutory defects after a decedent’s death.’, ‘7fe338bf’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.