The legislation provides in Probate Code section 21310 that a "no contest" clause will be enforced in only three areas:
1. A direct contest covering invalidity of a document due to forgery, lack of capacity, etc., or disqualification of a beneficiary under Probate Code section 6112 or 21350, brought without probable cause.
2. Filing or prosecuting a creditor's claim if the "no contest" clause in the document specifically so provides.
3. A pleading that challenges the transfer of property because it was not the transferor's property, if the "no contest" clause in the document specifically so provides.
Probable cause exists based on the facts if a "reasonable person" believes there is likelihood that the requested relief would be granted.
All other contests than those listed above would not be enforced the courts under the "no contest" clause in the will or trust on or after January 1, 2010, and where the document became irrevocable on or after January 1, 2001.
Return to professional information page