A trust beneficiary is not a “named legatee”

The testator’s will disposed of part of the residue in trust for a daughter and her descendants, and gave the rest of his estate outright to his spouse and other named children. The will included a no-contest clause applicable to any “named legatee” who contests the will. In In re Succession of Scott, 950 So. 2d 846 (La. Ct. App. 2006), the court held that the trustee of the testamentary trust takes title to the trust property and therefore is the legatee. The beneficiary of the trust is not a legatee and thus is not subject to the no-contest clause.