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By: Scott Grossman on June 18th, 2018

Can I Challenge a Will or Trust with No Contest Clause?

Can I Challenge a Will or Trust with No Contest Clause?

Many people who correctly recognize that their parents’ wishes were subverted by someone else get scared off from pursuing their case in probate court because of the no contest clause in the will or trust. The existence of a no contest clause in a will or trust contest is usually meaningless. Keep in mind that it might not matter if there is a no contest clause. This could be the case if the will/trust gives everything to the person who took advantage of your parent. This is because you are not going to inherit anything anyway under the existing will or trust. You have to file a will contest, trust contest, or both if you are going to inherit. If you win then the no contest clause is set aside along with the will or trust.

Well, what if the person who took advantage of the will or trust, left you some substantial amount of property? Then, in that case, there is a bit of analysis to be done. If you lose your will contest or trust contest then you will be disinherited and you won’t receive the property left to you under the will or trust that was challenged. But if you are successful, on the other hand, you will get your inheritance because the will or trust and its no contest clause has been set aside.

 

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.