Davies

Edwin Davies provided for the distribution of the bulk of his estate in equal shares to three of his stepchildren and his nephew (Douglas Davies), with Douglas’s right to inherit conditioned on his survival for at least 120 days after Edwin’s death. It appears that Edwin died at five minutes past midnight on the 119th day before Douglas died, although it is possible Edwin may have died five or ten minutes earlier. This sad sequence of events is relevant because Edwin’s testamentary documents also included no-contest clauses, which caused Douglas’s widow to file a “safe harbor” petition in which she sought a determination that her claim (that Douglas in fact survived his uncle by 120 days, thus satisfying the survivorship condition) is not a contest. (Prob. Code, § 21320.) The probate court allowed the widow to proceed on this ground, as well as on other grounds discussed below. Edwin’s stepchildren appeal, challenging the probate court’s order in its entirety. We agree that Douglas’s widow can proceed, but only to the extent she may be able to establish that Douglas satisfied the survivorship requirement.

*1167 FACTS

A.

Edwin D. Davies lived from 1912 to 2002. He was…