Estate of Lindstrom v. Hopkins

We hold here that a will cannot modify or revoke an inter vivos trust absent specific conformance with the amendment/revocation provisions of the trust.

This appeal arises out of a consolidated court trial concerning an inter vivos trust established by Esther A. Lindstrom and Mrs. Lindstrom’s estate. Owen Wayne Hopkins, Martha Hopkins, Deanna Mikulas, Edith Kendall and Stagecoach Health Club, Inc. (hereafter referred to as Appellants-Trust) appeal the trust proceeding and Owen Wayne Hopkins and Martha Hopkins (hereafter referred to as Appellants-Estate) appeal the estate proceeding.

Respondent Howard Hall filed a petition for probate of Mrs. Lindstrom’s last will dated February 27, 1984. Appellants-Estate filed a contest. Appellants-Trust were named beneficiaries under Mrs. Lindstrom’s inter vivos trust dated February 23, 1982. They filed a petition for instructions to the trustee under Probate Code section 1138.1, subdivision (a)(4). The petition sought distribution of the trust assets in accordance with the provisions of the trust. The trial court declared their beneficial shares forfeited pursuant to an in terrorem clause in Mrs. Lindstrom’s will. The trial court…