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Mark H. Boykin
ERISA  •  Employee Benefits Litigation  •  Business Law
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Landmark Trust Law Case in The California Supreme Court

Attorney Mark H. Boykin Wins Case  - December 26, 2013

California Supreme Court Rules That a No-Contest Clause in a Trust is Unenforceable Except Under Specific Circumstance

#12-65 Donkin v. Donkin, S202210.

(B228704; 204 Cal.App.4th 622; Los Angeles County Superior Court; BP109463.)

Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a probate proceeding. This case presents the following issues: Did any of the proposed challenges to the disposition of the trust at issue in this case trigger the trust’s no contest clause? Can a challenge that is founded on an alleged breach of fiduciary duty by a trustee violate a no contest clause?