Gower v. Winelander

Opinion

GRODIN, J.

This case requires us to determine whether a subscribing witness to a will who is named in the will as a beneficiary becomes “disinterested” within the meaning of Probate Code section 51 by filing a disclaimer of her interest after the testatrix’ death. While our own policy preferences tempt us to an affirmative answer, we feel constrained by existing law to hold that a disclaimer is ineffective for that purpose.

I

Geneve Parsons executed her will on May 3, 1976. Three persons signed the will as attesting witnesses: Evelyn Nielson, respondent Marie Gower, and Bob Warda, a…