Gregge

Edward Bennett Gregge (Bennett) challenges the dismissal of his Probate Code section 17200 petition to determine the validity of a 2008 amendment to his grandfather’s inter vivos trust. The petition alleged that Bennett’s grandfather lacked testamentary capacity and was subject to undue influence when he executed the amendment. We conclude that the trial court abused its discretion when it dismissed Bennett’s petition under Probate Code section 17202 based on a nonparty disclaiming his interest in the trust estate. The court’s acceptance of the disclaimer was contrary to public policies of effectuating a testator’s intent and dissuading elder abuse, and was premised on the erroneous view that the disclaimer effectuated a settlement of the lawsuit. A settlement assumes the consent of the parties; it is not a side deal between the court and a nonlitigant. Bennett had an interest in challenging the validity of the 2008 amendment, and the prosecution of his petition was necessary to protect that interest. Accordingly, we will reverse the judgment.

I. BACKGROUND

William B. Hugill died in 2011. His wife, Janice, had passed away in 1996. In 1990, the couple created an inter…