There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened in Conservatorship of Farrant (2021) 67 Cal.App.5th 370, a decision issued this month by the California Court
Ventura County Superior Court
Court May Compel Mediation of California Trust Disputes
(Editor’s Note: This post has been updated following the Court of Appeal’s opinion after rehearing on April 5, 2021, and the Supreme Court’s subsequent denial of review or depublication.)
Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes.