Katleman v. Crowley

Arthur J. Crowley (Arthur), the major beneficiary under the will of Beldon Katleman (Beldon), deceased, appeals from the order of the superior court that Carole Katleman (Carole) is entitled to share in the estate as a pretermitted spouse pursuant to Probate Code section 6560. Arthur’s major contention is that, pursuant to section 6561, subdivision (a) (which denies a pretermission claim by a spouse if it appears from the will that the testator intentionally failed to provide for the spouse) and section 21303 (which recognizes the enforceability of a “no contest” clause), Carole may not share in the estate as an omitted spouse because she initially contested Beldon’s will, rather than immediately asserting a pretermission claim under section 6560. Arthur relies upon the “no contest” clause in Beldon’s will which expressly disinherited “any devisee, legatee or beneficiary under this Will, or any legal heir of mine or person claiming under any of them,” if such person contested the will.

We will conclude that a pretermission claim prosecuted by an omitted surviving spouse, even though subsequent to an unsuccessful will contest, is not defeated by the will’s no contest…