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MATTER OF ABB TRUST

No. 1 CA-CV 19-0845.

491 P.3d 1120 (2021)

In the MATTER OF: ABB TRUST. Beth Bates, et al., Petitioners/Appellants, v. Lindi Davis Bates, et al., Respondents/Appellees.

Court of Appeals of Arizona, Division 1.

Filed May 11, 2021.

Attorney(s) appearing for the Case

Davis Miles McGuire Gardner, PLLC, Tempe, By Robert N. Sewell , William J. Skabelund , Angelika O. Doebler , Counsel for Petitioners/Appellants.

Warner Angle Hallam Jackson & Formanek, PLC, Phoenix, By Jerome K. Elwell , Philip B. Visnansky , Counsel for Respondent/Appellee Lindi Davis Bates.

Jaburg & Wilk, PC, Phoenix, By Lauren L. Garner , Counsel for Respondent/Appellee Paul E. Deloughery.

Tiffany & Bosco, PA, Phoenix, By James A. Fassold , Justin P. Nelson , Counsel for Respondent/Appellee Tereked C. Reeung.

OPINION

¶1 This appeal concerns an irrevocable trust that granted a trust protector sole authority to amend its terms. The question is whether an undue influence claim can be pled under the Arizona Trust Code, A.R.S. § 14-10406, against a beneficiary who allegedly exerted undue influence over the trust's elderly...

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