Estate of Eskra
The court held that, absent fraud, duress, or undue influence, a premarital agreement waiving a surviving spouse's probate rights is enforceable even when the spouse alleges a unilateral mistake, because the spouse's failure to read the document and obtain counsel places the risk of that mistake on her.
Date Filed: May 03, 2022
Case Name: Estate of Eskra
Case Number: A162671
Court: California Court of Appeal, First Appellate District, Division Five
The court decides whether a premarital agreement that waives a surviving spouse’s probate rights can be rescinded on the ground of a unilateral mistake. It holds that the agreement is enforceable because Brandy failed to read the document and to meet with counsel before signing, so she bears the risk of her own mistake and is not entitled to rescission. The ruling underscores California’s strict enforcement of premarital agreements in probate matters, confirming that a unilateral mistake—absent fraud, duress, or undue influence—does not invalidate a waiver of spousal inheritance rights.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.