Wells Fargo Bank v. Regents of University of California

Opinion

DIBIASO, Acting P. J.

The Regents of the University of California (Regents) appeal from an order of the probate court which rejected their claim to the remainder of a testamentary trust. We will reverse. We will apply the common law preference for early vesting and hold that, absent evidence of the testator’s intent to the contrary, the identity of “heirs” entitled to trust assets must be determined at the date of death of the named ancestor who predeceased the life tenant, not at the date of death of the life tenant.

Statement of Case and Facts

Harold Evans Woodworth died testate in…