Wills, Estates & Trusts
May 7, 2025
Packard opens the door to more trust reformation and construction litigation
Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren't barred by no-contest clauses or the 120-day deadline, but follow a three-year limit under CCP § 338(d).
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Issues surrounding what actions may violate a no-contest clause in California trusts have been hotly contested for decades. The recent case of Packard v. Packard, 108 Cal. App. 5th 1284 (2025) clarifies that a petition to reform a trust to correct a mistaken expression of a settlor's intent may not constitute a contest or tr...
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