Does section 366.3 of the California Code of Civil Procedure apply to any action predicated upon the decedent's agreement to distribute his estate or trust property in a specified manner?
California, United States of America
The following excerpt is from Estate Of Paul Ziegler v. Cox, E048555, No. SPASS5015 (Cal. App. 2010):
Code of Civil Procedure section 366.3 has been construed to "reach any action predicated upon the decedent's agreement to distribute estate or trust property in a specified manner." (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 555.) Specifically, it has been held to apply even to fraud and unjust enrichment claims, as long as they are "predicated on a decedent's promise to make specified distributions upon his death." (Ibid.) Moreover, it has been held to apply to claims based on a contract to leave certain property by will, even when the claimant is seeking only damages for breach of
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the contract and is not seeking the property itself. (Stewart v. Seward (2007) 148 Cal.App.4th 1513, 1521-1523.)
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