Disentitlement Doctrine and the Executor/Trustee

Matthew P. Matiasevich (partner, Evans Latham & Campisi, San Francisco) has recently published his article entitled Hog-tying the Contumacious Beneficiary — The Disentitlement Doctrine in Estate and Trust Litigation, Prob. & Prop., March/April 2007, at 46.

The disentitlement doctrine provides that “a party cannot ask the court for relief on one hand while simultaneously disobeying a court order on the other.”

Mr. Matiasevich explains how his theory may be effectively used to stop a beneficiary who is misbehaving (such as by taking estate or trust property without having a right to it) and then sues the executor or trustee for breach of duty.