Fletcher v. Children's Hospital Medical Center Foundation

Children’s Hospital Medical Center Foundation (Children’s) appeals an order invalidating an amendment to a trust of Alberta V. Irvine (Irvine) pursuant to a petition filed by the trustee, Claire M. Fletcher (Fletcher), for instructions regarding the purported amendment. On appeal, Children’s contends the probate court erred in finding that: (1) it had jurisdiction under Probate Code section 17200; (2) the trust amendment was invalid because it was not properly served; and (3) Irvine lacked sufficient mental capacity to execute the trust amendment. For the reasons discussed below, we affirm.

I

Factual and Procedural Background

Irvine’s husband died in 1985 when Irvine, then a resident of Alameda County, was 76 years old, leaving her sister, Fletcher, a resident of San Diego County, as her closest living relative. Pursuant to a 1986 will prepared and witnessed by Attorney Robert Stefan, Irvine left specific bequests to various relatives and charities (including $100,000 to Children’s) and left the residue of her estate to Fletcher. Irvine revoked these specific bequests in a subsequent 1986 codicil, thereby effectively leaving her entire estate to Fletcher.

On September…