Wills, Estates & Trusts
Jun. 17, 2026
Tung decision signals more expansion to fulfilling testator intent
In In re Tung Trust, the California Court of Appeal held that a general survivorship clause was insufficient to override Probate Code section 21110, applying the Antilapse Statute to prevent unintended disinheritance absent clear contrary intent.
The Court of Appeal's recent decision, In re Tung Trust Dated Oct. 24, 2011 (Cal. Ct. App., June 9, 2026, No. B343197) 2026 WL 1661672 ("Tung") signals that courts continue to interpret the law to give effect to the testator and avoid disinheritance despite statutory language that may have suggested otherwise. Trust and estates planners (and litigators) should adjust accordingly.
In Tung, Ya-Ching Tung (Testator) establishe...
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