Balian

I. INTRODUCTION

Alexander G. Balian and George A. Balian, Jr. (the trustees), are cosuccessor trustees of the Mary J. B alian Revocable Trust dated May 11, 1995 (the trust). The trustees have appealed from the portion of an order granting a declaratory relief petition brought by a trust beneficiary, Patricia B alian, pursuant to Probate Code section 21320 to determine that a proposed petition to modify the irrevocable trust is not a contest. The proposed modification petition sought to strike or modify a “special needs” provision in the trust pursuant to section 15409. We affirm.

II. BACKGROUND

Mary, who created the trust, is the mother of Alexander, George, Patricia and Diane B alian. Upon creation of the trust, Mary designated her two sons as cosuccessor trustees. Paragraph D of the sixth article of the trust provides that upon Mary’s death its residue should be divided equally between her four children named in the trust, Alexander, George, Patricia and Diane. Any shares allocated to Alexander and George were to be distributed to them.

The shares allocated to Patricia and Diane are held in trust for payment in accordance with the “special needs” provision of the…