Wills, Estates & Trusts
Jun. 19, 2026
Restraints that won't hold: What Godoy v. Linzner means for California fiduciaries and beneficiaries
A new Court of Appeal decision, Godoy v. Linzner, holds that trust provisions restricting beneficiaries' ability to sell inherited property can be struck down as unreasonable restraints on alienation under Civil Code section 711.
California's Civil Code contains a simple rule: "Conditions restraining alienation, when repugnant to the interest created, are void." Cal. Civ. Code § 711. Although Civil Code section 711 has existed for generations, it has rarely been applied in trust and estate disputes. Godoy v. Linzner (2024) 106 Cal.App.5th 765 marks a significant shift in this area. For trustees, beneficiaries, and probate litigators, Godoy is both a cautionary tale and a road...
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