Estate of Barnes CA4/2

I. INTRODUCTION

In 2009, Richard Barnes (decedent Richard)1 executed a will (2009 will), leaving

property to his wife, objector and appellant Celestine Barnes (objector Celestine), and to

his daughter from a previous marriage, petitioner and respondent Joann Barnes Williams

(petitioner Joann). In 2011, decedent Richard and objector Celestine created a pour-over

will and revocable living trust (collectively, 2011 trust), which had the effect of

disinheriting petitioner Joann. They restated the trust in 2014 (2014 Trust), without any

significant changes to petitioner Joann or objector Celestine’s interests. Following

decedent Richard’s death in 2016, petitioner Joann filed a petition pursuant to Probate

Code2 section 17200 et seq., seeking to determine the validity of the trusts and alleging

that decedent Richard suffered from progressive mental decline as the result of dementia

and either lacked capacity to execute the trusts or did so as the result of undue influence.

Following a bench trial, the trial court issued a detailed statement of decision,

which included findings that: (1) petitioner Joann had standing to challenge the validity

of the trusts; (2) the trusts…