5 Tips For Dealing with a No-Contest Clause in California

Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

Under California laws, a no-contest clause can sometimes prevent beneficiaries from challenging the provisions of a will or trust. This can be done by threatening the right to receive distributions. But if a will or trust contains a no-contest clause, it doesn’t mean that the clause is enforceable in California. Beneficiaries must therefore be cautious before bringing a claim regarding a will or trust. Fortunately, an experienced San Diego probate attorney can help determine whether you are putting your rights at risk when challenging a will or trust. Keep on reading to learn more about how to deal with a no-contest clause in California.

What should you do if you want to challenge the validity of a will or trust that contains a no-contest clause in California?

The following are five helpful tips:

  • First of all, contact a California probate attorney who is familiar with the no-contest laws of the state.
  • Then, gather copies of the will or trust and all amendments.
  • Additionally, gather all information relating to your challenge of the will, trust, or one of its provisions.
  • Then, determine whether your claim falls under one of the exceptions to the new no-contest law. This is outlined in the California Probate Code. If your claim does not fall under one of the exceptions, the clause might not be enforceable against you. This is true even if your claim is unsuccessful.
  • Finally, if your claim does fall under one of the exceptions, consider your likelihood of success in bringing the claim. Your attorney can help you analyze the pros and cons regarding bringing a claim and potentially forfeiting your interests under the will or trust if the claim is unsuccessful.

In conclusion, if you would like to learn more about no-contest clauses and other obstacles surrounding claims relating to a will or trust, contact an experienced California probate litigation attorney today. You can either contact us through our quick and easy online form or call the Grossman Law Firm at (888) 443-6590.

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