Tunstall v. Wells

Opinion

ROTHSCHILD, J.

In this case, we hold that a testamentary trust’s no contest clause providing that one beneficiary’s contest voids other noncontesting beneficiaries’ bequests along with the contestant’s does not, in itself, violate public policy.

Elizabeth H. Wells (Elizabeth) 1 appeals from an order following the trial court’s finding that the no contest clause in a trust established by her father was void as against public policy. She contends that the provision in question does not violate public policy and is not otherwise void. Following our review of California and foreign…