Lower Court’s Denial of Winning Beneficiary’s Appellate Fees Reversed In This Appeal.
One beneficiary in Key v. Tyler, Case No. B283979 (2d Dist., Div. 2 April 19, 2019) (published) successfully challenged a disinheriting, adverse trust amendment as being the product of undue influence by the trustee, who was also a trust beneficiary. Winning beneficiary also was successful in obtaining affirmance of this ruling in a prior appeal by trustee. However, when winner petitioned to enforce the trust’s “no contest” clause against trustee/beneficiary and to obtain attorney’s fees for prevailing on appeal, the probate court granted a SLAPP motion to the “no contest” enforcement petition and denied appellate fees to winning beneficiary in the prior proceedings.
The 2/2 DCA reversed both orders. With respect to the denial of fees, the appellate court found a fee entitlement basis for an award of appellate fees to winning beneficiary based upon language in the “no contest” clause providing that “[e]xpenses to resist any contest or attack [of] any nature upon any provision of this Trust shall be paid from the Trust Estate as expenses of administration.”