193 Cal. App. 4th 236
Cal. Ct. App.2011Background
- Decedent executed a 1997 will and a revocable trust; Guiarte was named executor and successor trustee; decedent later revoked the 1997 trust via revocatory elements in 2005 will; 2005 will signed but lacked witnesses; trial court found 2005 will valid and revocation intent credible; decedent died in 2008 and the court admitted the 2005 will to probate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 120-day limit for contesting the trust | Stoker family Nieces timely under 16061.8 | Response argues timeliness via 2005 will proceeding | Timely; 2005 petition functioned as trust contest. |
| Validity of the 2005 handwritten will | 2005 document lacks formal witnessing; not a valid will | 6110(c)(2) allows informal will if clear and convincing intent | Valid under 6110(c)(2) and retroactive application. |
| Retroactivity of §6110(c)(2) amendment | Amendment effective 2009 cannot apply to 2005 will | Legislative intent supports retroactivity to uphold testator’s intent | Retroactive; amendments apply to case impacting testator’s intent. |
| Revocation of the 1997 will and trust by 2005 document | No clear revocation evidence | 2005 will unequivocally revokes 1997 trust and will | Sufficient evidence of revocation; 1997 documents invalidated. |
| Substantial evidence of testamentary intent in 2005 document | Document lacks testamentary language | Extrinsic evidence supports intent | Evidence supports decedent’s testamentary intent. |
Key Cases Cited
- Silberman v. Swoap, 50 Cal.App.3d 568 (Cal. App. Dep’t of App. 1975) (look to substance over labels in trust-contest context)
- Estate of Anderson, 56 Cal.App.4th 235 (Cal. App. 1997) (extrinsic evidence may show will’s intent)
- Estate of Wunderle, 30 Cal.2d 274 (Cal. 1947) (testamentary intent not limited to model form)
- Estate of Wiemer, 209 Cal.App.2d 7 (Cal. App. 1962) (revocation may be proven by acts and statements)
- Gardenhire v. Superior Court, 127 Cal.App.4th 882 (Cal. App. 2005) (trust revocation and legacy implications in probate)