Lack Of Statutory Authorization Was Dispositive Based On The Individual Stake For Fee Recovery—Equitable Powers Extended To Protect Trust Interests.
McKinley v. Harris, Case No. G066032 (4th Dist., Div. 3 Oct. 13, 2026) (published) is of interest to probate practitioners. The basic holding is that general “probate equitable principles” do not allow a trustee to recovery attorney’s fees for vindicating individual interests unless a statute authorizes such recovery when a contested petition is dismissed. There was no such statutory authorization such that the lower court’s denial of fees to the trustee in an individual capacity was affirmed on appeal. The thrust of the decision is to focus on probate principles which protect the trust assets. Acting Presiding Justice Gooding authored the 3-0 opinion.