Providing for a Pet After Its Owner Dies: Pet Trusts

Pets play an important part in the lives of many people, and pet owners often want to arrange for the financial support and care of their animals after the owner dies. To make this happen, the best option is usually to include specific provisions in a trust. Continue reading

Former Law Applies to No Contest Clause: Court Decision Would Enforce Unenforceable Clauses

Updated January 6, 2014: The California Supreme Court reversed in Donkin v Donkin on December 26, 2013. The court held that the no contest clause was unenforceable under current law and the proposed petition would not violate the no contest clause under former law.

Updated June 13, 2012: The California Supreme Court granted review in Donkin v Donkin on June 13, 2012 (S202210).

Talk about a Catch-22: By checking if a no contest clause in their parents’ trust applies under former law, the daughters actually made the clause applicable! The Second District Court of Appeal has recently made the odd holding that no contest clauses in trust documents that are unenforceable under current law can still be enforced. See Donkin v Donkin (Mar. 23, 2012, B228704) 2012 Cal App Lexis 340.

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