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Disinherited trust beneficiary has standing to challenge trust amendments

January 23, 2020

In Barefoot v. Jennings, the Supreme Court today holds that the Probate Code allows a disinherited beneficiary of a trust to challenge disinheriting trust amendments on grounds of incompetence, undue influence, or fraud.  The court’s unanimous opinion by Justice Ming Chin rejects a narrower statutory interpretation that it says would “insulate those persons who improperly manipulate a trust settlor to benefit themselves against a probate petition.”

The court reverses the Fifth District Court of Appeal.

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