Blog Posts in January, 2013

What happens when a condition stated in a will for distribution of assets does not occur? Do the assets pass on to the beneficiaries stated in the will or will the entire estate pass by intestacy? ...

To continue the discussion on Donkin v. Donkin, the trustees appealed the trial court's decision. The Court of Appeal reviewed the case and stated that one of the issues that must be addressed was the ...

In Donkin v. Donkin, spouses Mary and Rodney Donkin (settlors), created a revocable trust on August 15, 1988. The primary beneficiaries of the trust were the settlors' children Rodney Donkin Jr., Lisa ...

A no contest clause "essentially acts as a disinheritance mechanism, wherein a beneficiary may be disinherited if he or she contests or seeks to impair or invalidate the trust instrument or its ...

There are many instances when the law changes from the time a will is executed up to the time it is exercised. The question then becomes, which law must govern? The law existing at the time the will ...

Continuing our previous post regarding the Estate of Giraldin (2011) 199 Cal.App.4 th 577, 131 Cal.Rptr.3d 799, William Giraldin, a successful businessman and investor, created a revocable trust and ...