California Probate Code 21311 – (a) A no contest clause shall only be enforced against the …
(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.
Terms Used In California Probate Code 21311
- Contest: means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced. See California Probate Code 21310
- Direct contest: means a contest that alleges the invalidity of a protected instrument or one or more of its terms, based on one or more of the following grounds:
California Probate Code 21310
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- No contest clause: means a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court. See California Probate Code 21310
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Pleading: means a petition, complaint, cross-complaint, objection, answer, response, or claim. See California Probate Code 21310
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) A pleading to challenge a transfer of property on the grounds that it was not the transferor‘s property at the time of the transfer. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application.
(3) The filing of a creditor’s claim or prosecution of an action based on it. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application.
(b) For the purposes of this section, probable cause exists if, at the time of filing a contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)