Meiri v. Shamtoubi
The court held that a beneficiary's suit filed after the statutory 120-day notice period constitutes a direct contest without probable cause, thereby invoking the trust's no-contest clause and resulting in forfeiture of the beneficiary's interest, affirming that under California probate law any trust contest filed beyond the deadline is automatically subject to forfeiture and that no-contest provisions are enforceable.
Date Filed: July 25, 2022
Case Name: Meiri v. Shamtoubi
Case Number: B310619
Court: California Court of Appeal, Second Appellate District, Division Three
The court decides whether a beneficiary’s suit filed after the 120‑day notice period constitutes a “direct contest” that triggers the trust’s no‑contest clause. It holds that the untimely petition is a direct contest without probable cause, so the no‑contest provision applies and the beneficiary is forfeited her interest in the trust. This ruling clarifies that, under California probate law, a trust contest filed beyond the statutory deadline is automatically subject to forfeiture, reinforcing the enforceability of no‑contest clauses.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.