What is the “Safe Harbor” for No Contest Clauses?
A no contest clause essentially says that if someone challenges the will, they will be disinherited. However, there is a way to go to court and not be disinherited, under the so-called “Safe Harbor” rule. A no contest clause will not be enforced against a beneficiary by reason of any of the following acts: (1) successfully contesting the will—or a portion of the will—in which the no contest clause is contained. In re Baker’s Estate (1917) 176 Cal. 430. (2) initiating a proceeding to determine whether a particular act would constitute a contest, if that proceeding is strictly limited to the “safe harbor” provisions of the statutory framework of Probate Code, §§ 21320 to 21322; [Prob. Code, § 21320, subd. (b)] (3) a contest brought with reasonable cause and limited to one or more of the following grounds: [Prob. Code, § 21306] (a) forgery; (b) revocation; (c) an action to establish the invalidity of any transfer described in Probate Code, § 21350; (d) a petition to remove a trustee under
