What is a No Contest Clause?
A will, trust, or other instrument may contain a “No Contest Clause,” to the effect that a person who contests or attacks the instrument or any of its provisions takes nothing under the instrument or takes a reduced share. These clauses are designed to make people think twice before suing to in validate a will or trust. Under certain circumstances, these clauses are valid in California, but there are a number of exceptions when they may not be applied. Moreover, if the Will or Trust is deemed in invalid, the clause will be disregarded. California law provides a procedure whereby, under certain circumstances, a person who believes that a Will or Trust may be invalid can seek an advisory ruling from the Court in such a way that a No Contest Clause would not be triggered.
