What is a No Contest Clause in a Will?
A no contest clause is a clause created by the maker of the will, which provides that if a beneficiary under a will challenges the validity of the will in a court proceeding, the beneficiary forfeits the gift provided. Over the past several years, courts have had to deal with a wide range of issues as to what constitutes a contest, thus triggering the will’s no contest clause. As a result, the California State Legislature has recently enacted Senate Bill 1264, which dramatically changes the rules governing the enforcement of no contest clauses. Though the new law does not become operative until January 1, 2010, it will apply “to any instrument, whenever executed, that became irrevocable on or after January 1, 2001.” Under the new law, the enforcement of no contest clauses is severely restricted and enforceable in only limited types of contests. Should you have further questions about no contest clauses and whether they affect your legal rights, please contact us so that we may best eva
