News & Updates: Disinherited Heir Lacks Standing To Challenge Trust Under Probate Code Section 17200

Does a disinherited beneficiary have standing to file a petition under Probate Code Section 17200 to challenge an amended trust? In Barefoot v. Jennings, Case No. F076395 (5th App. Dist., September 10, 2018), the Court of Appeal answered that she did not.

Appellant, one of decedent’s six children, was expressly disinherited and removed as a successor trustee in a series of amendments and restatements of the decedent’s Trust. After the decedent’s death, Appellant filed a petition under Section 17200, challenging the validity of these amendments on grounds of undue influence, mental capacity, and fraud. Respondents successfully moved to dismiss the petition for lack of standing.

The Court of  Appeal affirmed, holding that only a trustee or beneficiary of the current version of the trust may file a claim under Section 17200. An aggrieved former trustee or beneficiary of any prior trust version must seek relief by alternate means, such as by filing claims against the current trustee in her official or personal capacity.

The decision illustrates the importance of understanding the range of probate and other civil remedies that are available to disinherited heirs. Anyone seeking to challenge a trust or to defend against such challenge should understand these differences.