Estate of Sanders

Summary

**Estate of Sanders (Cal. 1985)** **Topics:** Extrinsic fraud; probate; will contest; fiduciary duty; confidential relationship; equitable relief from judgment. **Holding:** An executor who, through concealment and misrepresentation, prevents beneficiaries from timely contesting a will—by leading them to believe their interests are protected, assuring them they need not participate in proceedings, and discouraging contact with counsel—commits extrinsic fraud. Such fraud, arising from a fiduciary or confidential relationship, warrants setting aside probate orders even after the statutory contest period expires. The court reversed the denial of appellants' motion to vacate the probate orders.

Holdings

1. Yes, such conduct constitutes extrinsic fraud entitling the aggrieved parties to set aside the probate orders.

Questions Presented

1. Whether appellants' allegations of concealment and misrepresentation by a person in a confidential or fiduciary relationship are sufficient to constitute extrinsic fraud justifying equitable relief from probate orders.

Disposition

reversed_and_remanded