Packard v. Packard
The court held that a petition seeking construction or reformation of a trust amendment does not constitute a "trust contest" under Probate Code § 16061.8 and therefore is not barred by the 120-day statute of limitations, allowing beneficiaries to bring reformation actions-using extrinsic evidence to establish the settlor's true intent-even after the contest period has expired.
Date Filed: February 24, 2025
Case Name: Packard v. Packard
Case Number: D082480
Court: California Court of Appeal, Fourth Appellate District, Division One
(‘The Court holds that a petition seeking construction or reformation of a trust amendment is not a “trust contest” under Probate Code §\u202f16061.8 and therefore is not subject to the 120‑day statute of limitations that bars contests. By reversing the probate court’s judgment on the pleadings, the decision clarifies that beneficiaries may bring reformation actions—using extrinsic evidence to prove a trustor’s true intent—even after the contest‑period has expired, expanding the procedural avenues for correcting alleged drafting mistakes in California trusts.’, ‘77441f9e’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.