California Probate Code PART 3 - NO CONTEST CLAUSE

• Section 21310.
  As used in this part:(a) “Contest” means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest...
• Section 21311.
  (a) A no contest clause shall only be enforced against the following types of contests:(1) A direct contest that is brought without probable cause.(2) A pleading to challenge...
• Section 21312.
  In determining the intent of the transferor, a no contest clause shall be strictly construed.(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1,...
• Section 21313.
  This part is not intended as a complete codification of the law governing enforcement of a no contest clause. The common law governs enforcement of...
• Section 21314.
  This part applies notwithstanding a contrary provision in the instrument.(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010,...
• Section 21315.
  (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001.(b) This part does not apply to an instrument that...

Last modified: October 22, 2018