CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: No Contest Clauses

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Can You Disinherit a Bad Trustee? The Tricky No-Contest Law in California Trust and Will Cases

Posted in No Contest Clauses, Trustee Breach of Trust, Trustee Removal
The ever confusing Trust and Will no-contest clause is continually being used and abused in California Trust and Will lawsuits. The irony is that a beneficiary is rarely, if ever, disinherited under a no-contest clause any more because the law is favorably skewed to prevent forfeiture. In other words, no-contest clauses simply do not apply… Continue Reading

No-Contest Clauses Do Not Apply to Challenging a Trustee’s (or Executor’s) Actions

Posted in No Contest Clauses
The omnipresent no-contest clause (originally called in terrorum clauses–as in to terrify one’s beneficiaries) is meant to prevent lawsuits. The idea being that if a beneficiary contests a California Will or Trust containing the clause, then that beneficiary is entirely disinherited and loses his gift under the document (see our previous blog post on how no… Continue Reading

The Terrorizing Effects of No Contest Clauses

Posted in No Contest Clauses
No contest clauses were originally referred to as “In Terrorem” clauses. In Terrorem is Latin for “To Scare the Pants off my Beneficiaries”—loosely translated. And that’s what a no contest clause is supposed to do, prevent a trust or will contest by disinheriting a beneficiary who dares to contest the terms of the instrument. California… Continue Reading
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