Perrin

inter vivos trust, amended her trust three times shortly before she died of breast cancer. At the time of her death, her two children, Austin Jisu Perrin and Elissa Ji-Yun Perrin, were only 11 and eight years old, respectively. Dirk Van Tatenhove (Guardian), as their guardian ad litem, filed a Probate Code section 21320 “safe harbor” petition for a determination that his proposed petition to invalidate the second and third trust amendments would not be a contest within the meaning of the no contest clause of the trust. (All subsequent statutory references herein are to the Probate Code unless otherwise specifically stated.) He sought to ensure that by attacking the amendments he would not risk causing the forfeiture of the children’s shares under their mother’s trust, the size of which we do not know. The court ruled against the Guardian and he appeals.

The Guardian contends that the court misapplied section 21305, subdivision (a)(3) and failed to follow the principles of Estate of Rossi (2006) 138 Cal.App.4th 1325 [ 42 Cal.Rptr.3d 244 ] (Rossi). Relying on these authorities, the Guardian says that because the no contest clause in the trust did not specifically state…