California Legal Implications: Trustee Self-Representation in Probate Court
A significant ruling in the case of *Donkin v. Donkin* has clarified the rules regarding whether a non-attorney trustee can represent themselves in California probate court. The California Court of Appeal ruled that trustees representing themselves in disputes against beneficiaries are not engaging in the unauthorized practice of law. This distinction is vital for California families involved in trust administration, as summarized from the court opinion..
For many successor trustees, the line between managing a trust and practicing law can seem blurry. While California law generally prohibits non-attorneys from representing others in court, the *Donkin* decision highlights a specific exception based on the nature of the dispute.
The General Rule: Unauthorized Practice of Law
Under California law, a person who is not an attorney cannot represent another person or entity in court. This concept is known as the unauthorized practice of law. Historically, courts have viewed a trustee appearing in court on behalf of a trust as representing the interests of the trust’s beneficiaries. Since the trustee is effectively representing others (the beneficiaries), previous case law suggested that a non-attorney trustee must hire a lawyer for litigation.. Historically, courts have viewed a trustee appearing in court on behalf of a trust as representing the interests of the trust’s beneficiaries. Since the trustee is effectively representing others (the beneficiaries), previous case law suggested that a non-attorney trustee must hire a lawyer for litigation.
Third-Party Litigation vs. Internal Probate Disputes
The court in *Donkin* drew a critical distinction between two types of legal actions:
1. Litigation Against Third Parties: If a trustee is suing a third party (someone outside the trust) to recover assets or defend the trust, they are acting on behalf of the beneficiaries. In these instances, a non-attorney trustee generally cannot represent the trust and must hire an attorney. To do otherwise would be the unauthorized practice of law because the trustee is advocating for the beneficiaries’ financial interests. represent the trust and must hire an attorney. To do otherwise would be the unauthorized practice of law because the trustee is advocating for the beneficiaries’ financial interests.
2. Internal Probate Proceedings: The *Donkin* case involved a dispute *between* the trustees and the beneficiaries regarding the interpretation of trust terms. The court reasoned that in this specific scenario, the trustee is not representing the beneficiaries; rather, the parties are adverse to one another. Because the trustee is not advocating for the beneficiaries in this context, representing themselves (appearing in pro per) does not constitute the unauthorized practice of law.) does not constitute the unauthorized practice of law.
Why This Matters for Estate Planning
For California residents creating a Revocable Living Trust, this ruling underscores the importance of selecting a capable successor trustee. While the court permits self-representation in internal disputes, California probate law is incredibly complex. A trustee attempting to navigate the California Probate Code without legal counsel risks making errors that could lead to removal or financial liability. without legal counsel risks making errors that could lead to removal or financial liability.
The Role of Professional Counsel
Although a trustee *may* represent themselves in disputes against beneficiaries, it is rarely advisable. Professional legal guidance ensures that:
– Fiduciary duties are strictly followed.
– Trust assets are properly accounted for.
– Family conflicts are managed with an objective legal perspective.
– The trustee is protected from personal liability for administrative errors. are strictly followed.
– Trust assets are properly accounted for.
– Family conflicts are managed with an objective legal perspective.
– The trustee is protected from personal liability for administrative errors.
If you are appointed as a trustee, understanding when you require legal representation is the first step in a successful trust administration.
About This Case
Source: Donkin v. Donkin
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Legal Disclaimer
This article is for informational purposes only. Consult with a qualified California estate planning attorney for advice specific to your situation.