Fazzi

*1282 Opinion

Norma Jean Klein appeals from an order granting “safe harbor” to her son, Christopher Gene Fazzi, to file a proposed petition in probate court challenging Norma’s status and actions as trustee of two trusts in which Christopher is a beneficiary. 1 The proposed petition also challenges a trust provision directing that Christopher’s brother, Michael, serve as the successor trustee to Norma.

In granting Christopher’s safe harbor application, the trial court found neither of the two trusts contains a “no contest” clause and, moreover, even if the clause did apply, the proposed petition does not constitute a “contest” as defined in the Probate Code. *

I

Background Facts and Procedure

On January 29, 1987, Norma and her husband, Lloyd Klein, created a revocable trust entitled the Klein Family Trust (the Trust or the original trust) and concurrently executed “pour-over” wills. The Trust designated the two spouses as cotrustees of the Trust during their joint lifetimes.

According to the terms of the Trust, upon the death of either spouse, the survivor, as trustee, was to divide the trust assets into three new trusts: Trust A, Trust B, and Trust C. The Trust directed the…