Bradley

INTRODUCTION

This appeal involves a “safe harbor” determination by the probate court in accordance with section 21320 of the Probate Code. The probate court found that a son’s proposed petition as successor trustee to marshal the assets in his deceased parents’ Bypass and QTIP (qualified terminable interest property) trusts would not constitute a contest of his father’s Survivor’s Trust and the no contest provision set forth therein. For the reasons hereafter stated, we affirm the judgment.

FACTUAL AND PROCEDURAL SYNOPSIS

It appears to this court that no significant factual issues are in dispute. The issue is one of law only, i.e., do the safe harbor provisions set forth in section 21320 protect the son, for his proposed petitions, from the extensive no contest clause trust provisions executed by his father, James, prior to his demise. Because the issue is one of law, we review the trial court’s ruling de novo. For the most part we adopt the factual presentation set forth in the brief of the son utilizing the well-established principle that intendment on appeal is to uphold the ruling of a trial court unless clear error is demonstrated which results in a miscarriage of…