Legislative Changes Definition of Will "contests"
Posted By Renee Linares on Aug 9, 2010 10:05am PDT
On January 1, 2010, Senate Bill 1264 became operative law. This law repeals probate code sections 21300-21322 and replaces them with sections 21310-21315 which affect the laws regarding no contest clauses in wills. Previously, the definition of "contest was broad. A will contest was previously defined as "any action identified in a "no contest clause" as a violation of the clause" and includes any pleading challenging the validity of an instrument or one or more of its terms. 37 California Legislative Review Committee Report 382-383.
Currently, the new law narrows the definition of a no contest clause as enforceable against a "direct contest that is brought without probably cause." A direct contest is defined as one "that alleges the invalidity of a protected instrument or on or more of its terms based on one or more of the following grounds: forgery, lack of due execution, lack of capacity, menace, duress, fraud or undue influence, revocation of a will pursuant to section 4120 or revocation of a trust pursuant to section 15401, or revocation of an instrument other than a will or trust pursuant to the procedure for revocation that is provided by statute or by the instrument and disqualification of a beneficiary under section 6112 or 21350.
California Probate Code sections 21311(a)(1), 21310(b).
For more information about wills drafting and no contest clauses you should consult with a Los Angeles Estate Planning attorney.