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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
Attorney Mark Boykin prevailed in case heard by the California Supreme Court, Donkin
v. Donkin, S202210. Oral arguments were held Wednesday November 6, 2013, at the newly
restored historic Stanley Mosk Library and Courts Building on the Capitol Mall in
This case involved a no-contest clauses in trust documents and it is likely to have
legal implications for many other Trust Law issues. One of the American Bar Association’s
top 100 blogs has published a story about the case, read about it on the Continuing
Education of the Bar - California (CEB) Blog.
(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?