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  • Writer's pictureRichard S. Van Dyke, Esq.


Updated: Mar 10, 2022

Trust beneficiary subject to power of appointment filed probate petition for determination that he was entitled to portion of his grandfather's trust estate upon distribution and sought constructive trust on that portion. The Superior Court, San Diego County, No. P82080, Julia C. Kelety, J., sustained trustee's demurrer without leave to amend. Beneficiary appealed. The Court of Appeal, Nares, J., 206 Cal.App.4th 875, 142 Cal.Rptr.3d 174, reversed and remanded with directions. Following trial on remand, the trial court entered judgment awarding beneficiary portion of estate. Beneficiary appealed, arguing award was improperly limited.

The Court of Appeal, Nares, J., held that beneficiary was entitled to one-third of estate as taker in default.

Reversed and remanded.

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Sefton v Sefton
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