In California, it is common for testators to include a no contest clause in their will in the attempt to dissuade any future legal dispute over the provisions of the document. Such clauses generally state that if a beneficiary of the will decides to dispute any part of the will, that beneficiary will lose his or her inheritance from the estate of the deceased. There are times in which a no contest clause works to discourage any attempts at contesting the will, but there are other times when the legal lines drawn are preempted by laws which provide for certain exclusions to no contest clauses and to their enforceability.
There are exclusions to the reach and enforceability of the no contest clause codified in both statutory and common law. For example, if you contest the provisions of a will in which you are the beneficiary, and your dispute was regarding the possibility of the will being forged, you will not be disinherited from the will even if your claim was found to be untrue by the California courts. Additionally, if a beneficiary belongs to a defined class of disqualified recipients under a will, or if the testator was under duress during the drafting of the document, a contest of the will is safeguarded from the possibility of disinheritance following litigation.
A no contest clause serves the purpose of ensuring that the wishes of the deceased are upheld, regardless of family bitterness or discontent that may result from the provisions (or lack thereof) in the Will. However, California legislation is effectively eliminating the feasibility of such clauses, and when this new legislation takes effect in 2010, that the result will downplay the significance and final authority of no contest clauses in estate planning litigation. Basically, although no contest Clauses are still commonly used in California Wills, their ability to actually impede disputes in the Courts will weaken.
If you would like more information about the purpose and limitations of a no contest clause, you should consult a qualified California estate lawyer. If you are the beneficiary of a loved one's will, and would like to know your options for contesting the provisions of the will, a highly skilled California estate planning attorney with experience in drawing up California wills can offer you a deeper insight into this often difficult part of estate law. You might be at risk of disinheritance should you decide to pursue litigation on a will with a no contest clause; therefore, you should speak with an experienced estate attorney before going forward with your claim.
Author Resource:-
Kevin Von Tungeln is the Managing Partner of EstatePlanningSpecialists.com and Thompson Von Tungeln, P.C. Kevin practices in the areas of estate planning, probate, wills, and trust administration. Visit www.EstatePlanningSpecialists.com or www.linkedin.com/in/kevintungeln.
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