Missouri Court of Appeals, Western District / Aug 14, 2018
The Finkle-Rowlett Revocable Trust Dated August 28, 2009 vs. Greg Stiens
Greg Stiens, a beneficiary of the Finkle-Rowlett Revocable Trust, challenged the validity of the Trust's Second Amendment, alleging the settlor lacked testamentary capacity. The probate court found Stiens violated a no-contest clause by pursuing his challenge, forfeited his interest, and thus lacked standing to proceed, dismissing his claims. The appellate court reversed, holding that the probate court erred by assuming the validity of the Second Amendment and its no-contest clause without first resolving the issue of the settlor's testamentary capacity.