A contest to a trust amendment usually takes the form of a California Probate Code section 17200 petition because California Probate Code section 17200(b)(3) provides that a trustee or beneficiary can petition the Court to determine the validity of a trust provision. The Petition requests that the Court find that the 2016 Purported Amendment is invalid and, therefore, the 2010 Restatement is the operative trust instrument. The Petition alleges that the 2016 Purported Amendment is invalid because it was not made in conformance with the method of amending the trust as set forth in the terms of the Promenade Trust.

Minors are commonly named as trust beneficiaries, especially when the trust settlor has children and grandchildren. If the trust settlor dies while any beneficiary is under the age of eighteen years, the Court usually appoints a Guardian ad Litem to represent the interests of the minor in Court proceedings involving the trust. When a party to trust litigation is a minor, the minor’s Court-appointed Guardian ad Litem represents the minor’s interests in the action, negotiates at mediation, and signs any settlement agreement.