Estate of Parsons

Steven H. Herman, Rudy, Rapoport & Holden and Everett E. Power for Objectors and Appellants.

Thomas J. Williams for Petitioners and Respondents.

OPINION

GRODIN, J.

(1a) This case requires us to determine whether a subscribing witness to a will who is named in the will as a beneficiary becomes "disinterested" within the meaning of Probate Code section 51 by filing a disclaimer of her interest after the testatrix' death. While our own policy preferences tempt us to an affirmative answer, we feel constrained by existing law to hold that a disclaimer is ineffective for that purpose.

Geneve Parsons executed her will on May 3, 1976. Three persons signed the will as attesting witnesses: Evelyn Nielson, respondent Marie Gower, and Bob Warda, a notary public. Two of the witnesses, Nielson and Gower, were named in the will as beneficiaries. Nielson was given $100; Gower was given certain real property. Mrs. Parsons died on December 13, 1976, and her will was admitted to probate on the petition of her executors, respondents Gower and Lenice Haymond. On September 12, 1977, Nielson filed a disclaimer of her $100 bequest. [1] Appellants then claimed an interest in the estate on the ground…