Estate of Trikha

Satish Trikha, Jr., appeals from the probate court’s judgment sustaining a will contest and denying admission of the will to probate on the ground the decedent destroyed his will with the intent to revoke it. He contends the trial court misapplied Probate Code section 6124, which creates a presumption the testator destroyed the will with intent to revoke it where the will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death. Satish, Jr., contends he introduced substantial contrary evidence to negate the revocation presumption and the court erred in weighing his evidence in determining whether to apply the presumption. We agree the court prejudicially erred and therefore reverse the judgment.

I

Factual and Procedural Background

Fifty-nine-year-old Satish Trikha committed suicide in a Yorba Linda hotel room on October 27, 2009. At the time of his death, he was married to Suchitra Trikha, although she had filed a marital dissolution action the previous December and divorce proceedings were pending. The couple had two sons, Neel and Rishi. Suchitra…