An action against the trustees would violate a no-contest clause
Several descendants of William Randolph Hearst brought an action under Cal. Prob. Code 21320 to determine if their proposed action against the trustees of the Hearst’s testamentary trust alleging that the trustees had violated their fiduciary duties would violate the no-contest clause in Hearst’s will.
In Hearst v. Ganzi, 52 Cal. Rptr. 3d 473 (Ct. App. 2006) , the court held that the proposed contest based solely on the duty to treat beneficiaries impartially conflicted with trust provisions giving the trustees discretion to treat income and remainder beneficiaries differently.