Tung Decision Signals More Expansion to Fulfilling Testator Intent – John Scheerer Authors Daily Journal Article

In In re Tung Trust (Cal. Ct. App., June 9, 2026, No. B343197), 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 in the absence of clear contrary intent.

In his Daily Journal article, Partner John Scheerer explains that the decision signals courts will continue to interpret the law to give effect to a testator’s intent and avoid disinheritance, even where statutory language may suggest otherwise. Trusts and estates planners (and litigators) should adjust accordingly.

Read the article here. (Subscription may be required)