Hermanson v. Hermanson

Opinion

ARONSON, J.

Jenny, Josh, and Robert Hermanson, beneficiaries of the Esther R. Hermanson Trust (the trust), challenge an order declaring the trust’s “no contest” clause would be violated by their proposed petition to remove the trustees for malfeasance. They concede their petition runs afoul of the trust’s no contest clause, but argue enforcement of that provision is barred by section 21305, subdivision (b)(6) and (7). We disagree.

Per section 21305, subdivision (b)(6) and (7), a petition challenging the exercise of fiduciary power and requesting the removal of a fiduciary does not…