DONOVAN v. DONOVAN

── DONOVAN v. DONOVAN ── Case No.: 1 CA-CV 25-0397 PB Court: Court of Appeals of Arizona Date: March 20, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE In the Matter of the Estate of: Michael Donovan, Deceased. No. 1 CA-CV 25-0397 PB FILED 03-20-2026 Appeal from the Superior Court in Maricopa County No. PB2024-002501 The Honorable Elizabeth T. Bingert, Judge Pro Tempore AFFIRMED COUNSEL Rose Law Group, Scottsdale By Shelton L. Freeman, Austin D. Moylan Counsel for Appellant Lisa Donovan Jones, Skelton & Hochuli PLC, Phoenix By Eileen Dennis Gilbride Co-Counsel for Appellants Joseph Donovan and Madeline Donovan Becker & House PLLC, Scottsdale By Mark E. House, Amanda L. Barney Co-Counsel for Appellants Joseph Donovan and Madeline Donovan Andersen PLLC, Scottsdale By Mark W. Hawkins, Kira E. Darragh Counsel for Appellee Holly Herberger DelCastillo  DONOVAN v. DONOVAN, et al. Decision of the Court MEMORANDUM DECISION Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Veronika Fabian and Vice Chief Judge David D. Weinzweig joined. B R O W N, Judge: ¶1 Lisa Donovan, Joseph Donovan, and Madeline Donovan (collectively, “Appellants”) challenge the superior court’s (1) judgment dismissing a petition to reform and probate a will, and (2) denial of a motion for new trial or to alter or amend the judgment. For the following reasons, we affirm. BACKGROUND ¶2 The Judd Herberger Trust (“the Herberger Trust”) created a trust (“Residuary Trust”) for Judd Herberger’s stepson, Michael Donovan, the decedent in this probate matter. The Herberger Trust required Michael to exercise his power of appointment over the Residuary Trust by specifically referencing such power and the relevant section of the Herberger Trust in his will. If he failed to do so, then upon his death the Herberger Trust required its trustee to distribute the Residuary Trust to Judd’s children, including Holly Herberger DelCastillo. ¶3 Michael, who had no spouse or children, signed and executed his will at his attorney’s office in August 2023. The will gave all of Michael’s probate estate, excluding any property over which he had a power of appointment, to the trustee of the revocable living trust he created and directed the trustee to administer the property according to that trust. The will did not include a provision exercising the power of appointment under the Herberger Trust. ¶4 After Michael’s death in February 2024, his sister Lisa petitioned the superior court for the formal probate of an unsigned version of Michael’s will, which included this provision: In the Judd Herberger Trust, dated April 12, 1999, as amended, or a sub-trust thereof, I was granted a testamentary power of appointment over assets to which I am a designated beneficiary over time. If I predecease the 2  DONOVAN v. DONOVAN, et al. Decision of the Court distribution of these assets, I now exercise that power of appointment and appoint the property subject to the power to be distributed[] [t]o my niece Madeline . . . [and to] my nephew Joseph [in equal shares]. Alternatively, Lisa sought to reform the signed will to incorporate that provision and to probate the reformed will. ¶5 Lisa’s petition included a declaration by Michael’s attorney explaining that Michael had signed the wrong versio