Nairne

Marilyn Jessop-Humblet, as trustee of the Humblet Family Tmst, appeals an order that Kenton W. Nairne’s proposed complaint would not violate a no contest clause in the Humblet Family Tmst. Nairne claimed, in his proposed complaint, that Marilyn and her husband had orally agreed to give certain property to him and therefore that property should not have been included in the tmst. We conclude the proposed complaint would constitute a contest and reverse.

Factual and Procedural Background

Marilyn and her husband, Michael Humblet, created the Humblet Family Tmst on June 24, 1996. Marilyn had four children from a prior marriage, including Nairne.

The tmst included real property which was specified on an attached schedule. Among the properties listed on the schedule was 502 Henderson Canyon Road in Borrego Springs, California (502 property). The tmst provided that upon the death of one of the spouses, the tmst would be divided into a survivor’s tmst for the benefit of the surviving spouse and a bypass tmst for the benefit of the surviving spouse and any issue. Upon the death of the surviving spouse, the tmst provided that generally the real estate assets were to remain in…