June 9, 2026
Court of Appeal, Second Appellate District, Division Seven
The Rule of In re Tung Trust is that a trust provision stating that any person who fails to survive the settlor for thirty days "shall be considered to have predeceased the settlor" does not constitute a "contrary intention" under Probate Code section 21110(b) to override the antilapse statute, under circumstances where the provision merely establishes a definitional timeline for when someone is deemed to have predeceased the settlor rather than expressly conditioning gifts on survival.