Cory v. Toscano

Opinion

LEVY, J.

Appellant, Colleen M. Toscano, and respondent, Elaine Cory, are beneficiaries of the Louie Friguglietti Trust (Trust). Cory applied to the trial court for an advance ruling under Probate Code 1 section 21320 on whether a proposed petition would be a contest of the Trust. This petition seeks a determination that handwritten notations on the trust document that reduce Cory’s share of a trust asset are not part of the terms of the Trust. The trial court ruled that the proposed petition did not violate the Trust’s no contest clause on the ground that a challenge to an instrument…