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Home / Opinions / Courts / Court of Appeals, Western District / Probate: Breach of Trust-No-Contest Clause-Enforceability

Probate: Breach of Trust-No-Contest Clause-Enforceability

Where appellant, who was the sole beneficiary of a trust, brought an action against the trustee for breach of trust and removal after he stopped receiving monthly distributions, the trial court did not err in granting the trustee’s motion for summary judgment on the trustee’s counterclaim because the plain language of the trust’s no-contest clause provided that if the beneficiary asserted claims including breach of trust or attempted to remove the trustee, then all trust provisions in the beneficiary’s favor are cancelled regardless of success of the claims, so the judgment is affirmed because the beneficiary failed to use the “safe harbor” provision to challenge the enforceability of the no-contest clause.

Judgment is affirmed.

Knopik v. Shelby Investments LLC (MLW No. 73219/Case No. 81931 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Jackson County, Styles, J. (Michael W. Blanton, Evergreen, Colorado, for appellant) (Kevin D. Stanley, Independence, for respondent).