Graham

Gloria Ann Graham is a beneficiary of an inter vivos trust created by her parents, who are now deceased. Graham filed an application seeking a determination under Probate Code section 21320 of whether any of the claims asserted in her proposed petition to determine the validity of certain trust provisions would be a contest within the meaning of the trust’s no contest clause.

The proposed petition, which challenges Robert F. Lenzi’s right to take one-half of the trust residue pursuant to an amendment to the trust, contains four separate claims for relief. Lenzi appeals from the court’s determination that part of the petition’s first claim and the entire third claim are not contests within the meaning of the trust’s no contest clause. Graham cross-appeals from the court’s determination that part of the first claim and the entire fourth claim are contests.

Facts and Procedural Background

In May 1989 Howard Wagner and his wife, Ethel Mae Wagner, established the Wagner Family Trust (Trust) by a written trust agreement. Howard and Ethel were the sole beneficiaries of the Trust during their joint and individual lifetimes, and Howard was the designated trustee. The Trust…