Gregge v. Hugill

Opinion

GROVER, J.

Edward Bennett Gregge (Bennett) challenges the dismissal of his Probate Code section 17200 petition to determine the validity of a 2008 amendment to his grandfather’s inter vivos trust. The petition alleged that Bennett’s grandfather lacked testamentary capacity and was subject to undue influence when he executed the amendment. We conclude that the trial court abused its discretion when it dismissed Bennett’s petition under Probate Code section 17202 based on a nonparty disclaiming his interest in the trust estate. The court’s acceptance of the disclaimer was contrary to…