Wills, Estates & Trusts
Aug. 24, 2026
How California's anti-lapse statute defeated a trust's survivorship provision
In re Tung Trust held that a generic survivorship clause does not override California's anti-lapse statute, underscoring the need for estate planners to explicitly condition gifts on survival and clearly specify alternative dispositions.
Estate planning documents often include survivorship clauses, which state that a beneficiary who fails to survive a settlor by a certain period of time is deemed to have predeceased the settlor. But can that language, standing alone, override California's anti-lapse statute?
In re Tung Trust Dated October 24, 2011 (2026) 121 Cal.App.5th 1 held that the answer is no. This decision provides a critical lesson for drafters: merely deeming a beneficiar...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In