Nature of Proceedings: Petition to Determine Beneficiaries and Distribution
Appearances required. Any respondents must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.
The following is noted for the court:
Petitioner’s reliance on the disinheritance clause in the pour-over wills in this case is not persuasive. No authority cited by Petitioner stands for a proposition that a disinheritance clause stands supreme over the anti-lapse statutory scheme, as suggested by Petitioner.
To the contrary, case law of this state seems to reject any intent of a testator re: a disinheritance clause, when any property in the testator’s estate fails to be passed by valid disposition:
Before a disinheritance clause in a will becomes effective, the testator must make a valid disposition of his property. (Estate of Heney (1944) 66 Cal.App.2d 867, 869, 153 P.2d 4
Hearing Date
July 14, 2020
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Nature of Proceedings: Petition to Determine Beneficiaries and Distribution
Appearances required. Any respondents must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.
The following is noted for the court:
Petitioner’s reliance on the disinheritance clause in the pour-over wills in this case is not persuasive. No authority cited by Petitioner stands for a proposition that a disinheritance clause stands supreme over the anti-lapse statutory scheme, as suggested by Petitioner.
To the contrary, case law of this state seems to reject any intent of a testator re: a disinheritance clause, when any property in the testator’s estate fails to be passed by valid disposition:
Before a disinheritance clause in a will becomes effective, the testator must make a valid disposition of his property. (Estate of Heney (1944) 66 Cal.App.2d 867, 869, 153 P.2d 4