Wilkin v. Nelson
The court addressed important issues in California probate law.
Date Filed: February 26, 2020
Case Name: Wilkin v. Nelson
Case Number: B294530
Court: California Court of Appeal, Second Appellate District, Division Six
(‘The Court holds that a pour‑over will may be equitably reformed when clear and convincing evidence shows the testator intended only her separate‑property assets—not community property—to pass to the trust, affirming the trial court’s finding that Hanako’s will should be limited to her separate‑property residence. The decision also confirms that an order awarding attorney’s fees under Code of Civil Procedure §§\u202f405.38‑39 is non‑appealable, so the fee award stands. This ruling clarifies how California courts apply the Estate of Duke reformation standard in probate and limits appellate review of fee awards in lis\u202fpendens expungement actions.’, ‘087742e0’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.