O'Dell

1. Introduction

Patricia M. McKenna (McKenna), daughter of decedent Gladys N. Peterson, filed a will contest naming the executor, her sister Sandra Sue O’Dell (O’Dell). The trial court entered judgment against McKenna on April 13, 1998, 1 finding that the decedent had testamentary capacity, consulted with her own lawyer regarding the provisions of the will, had properly executed the will, and had not been under undue influence from O’Dell or any other third party. That judgment ordered admission of the will. No appeal was filed from that decision and that judgment is final.

After entry of the judgment in the will contest, the trial court heard and granted O’Dell’s motion to enforce the no contest clause in the will of the decedent. McKenna appeals from that decision, arguing that Probate Code section 21307 2 exempts her from the effect of the no contest provision in her mother’s will.

The issue in this case is solely the scope of the exemption granted by section 21307 from a no contest provision in a will.

We conclude that McKenna’s action satisfied the requirements of section 21307 and therefore we reverse the trial court order enforcing the no contest…