Safai

Nicolai Safai, by and through his guardian ad litem, Susanne Gahnstedt, brought a petition under Probate Code section 21320 for a judicial determination of whether proposed claims he intended to file would violate the no contest clause contained in the Mansour Safai Trust dated January 24, 2006 (hereafter “the Trust”). Max Safai and Massoumeh Safai (hereafter “the Trustees”) raised various objections to the petition and argued that the proposed claims would trigger the Trust’s no contest clause. The trial court overruled certain of the objections raised by the Trustees and also found that the Trust’s no contest clause was not violated by the proposed claims because Nicolai, as a minor, could not “voluntarily” participate in a trust contest. The Trustees appeal from the trial court’s order. (Prob. Code, § 1304, subd. (d).) We affirm.

I. Factual and Procedural Background

Mansour Safai* and Susanne Gahnstedt were married for approximately eight years, before their marriage dissolved in August 1999. Their son, Nicolai Safai, was bom in April 1991. Pursuant to the July 24, 1998 marital settlement agreement regarding property and spousal support, Mansour agreed to pay child…