Annemarie Donkin, Plaintiffs and Respondents v. Rodney E. Donkin, Jr., as Trustees

Summary

The court held that the beneficiaries’ pre-2010 safe harbor proceeding remained properly pending despite repeal of the former safe harbor statute. Because the trust became irrevocable after January 1, 2001, the current no contest clause law applied substantively, and the proposed claims were outside the categories that could trigger disinheritance. The court further held that the former law would produce the same result because the claims sought interpretation of the trust and supervision of fiduciaries, so the fairness exception did not apply.