Andersen

*725 Opinion

INTRODUCTION

Plaintiffs and respondents Stephen Andersen (Stephen) and Kathleen Brandt (Kathleen) are the children of decedent Wayne Andersen (Wayne), who died April 28, 2006. 1 Plaintiff John Andersen (John), not a party to this appeal, is Stephen’s son and Wayne’s grandson. Appellant Pauline Hunt (Pauline) was Wayne’s long-term romantic partner. Taylor Profita (Taylor) is Pauline’s grandson.

In 1992, Wayne and his wife established a family trust that named Stephen and Kathleen the sole beneficiaries after their parents’ deaths. Wayne’s wife died in 1993. In 2003, after suffering a stroke, Wayne amended his trust to leave a 60 percent portion of his estate to Pauline, with the remainder going to Stephen, Kathleen, and John. He made subsequent amendments later in 2003 and in 2004, but retained the provision leaving 60 percent of his estate to Pauline.

After Wayne’s death in 2006, Stephen and Kathleen brought the present action to, among other things, invalidate the 2003 and 2004 trust amendments and recover funds placed in accounts held jointly by Wayne and Pauline. The probate court found that Wayne lacked capacity to execute the trust amendments, transfer funds…