B326661
Cal. Ct. App.Jun 24, 2024Background
- Bernard and Lorraine Corwin established a family trust to control the distribution of their assets after their deaths.
- The trust originally provided that, on the survivor's death, assets would pass to their only son, Joel Corwin.
- A key amendment (First Restatement) included a marriage condition: if Joel was married to Linda K. Corwin at the time of the surviving settlor’s death, the trust would pass to his only living issue, Diana Corwin Gordon; otherwise, it would go to Joel.
- After Bernard died, Lorraine amended the trust (Second Restatement) to allocate all assets to Joel if he outlived her, referencing another trust by apparent typographical error.
- Upon Lorraine's death in 2021, Diana challenged the amendments, arguing undue influence and that the First Restatement (with the marriage condition) should govern.
- The trial court granted summary judgment to Joel, concluding the marriage condition was an invalid restraint on marriage and unenforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of marriage condition as a restraint | Diana: Condition valid, not restraint | Joel: Condition void as against public policy | Condition is an invalid restraint on marriage |
| Undue influence on trust amendments | Diana: Amendments influenced by Joel | Joel: No undue influence occurred | Not determinative; even if present, plaintiff has no interest due to void condition |
| Which trust instrument controls distribution | Diana: First Restatement (with condition) | Joel: Second Restatement valid; regardless, condition void | Second Restatement valid; regardless, marriage condition in First Restatement void |
| Beneficiary status | Diana: Plaintiff receives estate due to valid condition | Joel: Sole beneficiary since condition void | Joel is sole beneficiary under either Restatement |
Key Cases Cited
- In re Marriage of Dawley, 17 Cal.3d 342 (contracts promoting dissolution of marriage are void as against public policy)
- Estate of Guidotti, 90 Cal.App.4th 1403 (invalidates will clauses restraining marriage generally or to a particular person)
- Estate of Duffill, 180 Cal. 748 (if a restraint on marriage is void, the gift stands as if the condition were satisfied)
- Estate of Scott, 170 Cal. 65 (restraint on marriage in a will is void; beneficiary receives estate as if condition were satisfied)