Decedent, Dr. Philip Timothy Wilson (“Wilson”), and Petitioner/Appellant, Antipas Johnlang Konou (“Konou”), signed a “Pre Registration Domestic Partnership Agreement” (“Agreement”) and then registered as domestic partners. Included in the Agreement were “waivers of any rights, claims or interest in the future property, income, or estate of the other, and [the agreement] required a signed writing to amend or terminate th[e] agreement.” Two years later, during the brief period allowing it in California, the couple married. Then Wilson died.
Konou filed an omitted spouse petition claiming an interest in Wilson’s estate. The trial court denied the claim finding that, although Konou was an omitted spouse, the Agreement remained valid after the marriage, and Konou waived any interest in Wilson’s estate.
Konou appealed arguing that there was no prenuptial agreement and that the marriage license constituted a writing terminating the Agreement.
The appellate court affirmed the trial court’s order.
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John T. Anderson, Section Chair
LB Bar Assoc. Estate Planning, Trust, and Probate Law Section
Certified Specialist in Estate Planning, Trust, and Probate Law by the
State Bar of California Board of Legal Specialization
Copyright © 2012 by John T. Anderson
All articles by John T. Anderson may be copied for personal use, only. All articles or outlines from others may be used only with their personal authorization. Any approval is for personal use, only, and for non-commercial purposes.
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