Best Probate Attorneys in Beverly Hills, CA

In California, a "no contest" clause in a will, also known as an "in terrorem" clause, is generally enforceable, but its enforceability is subject to certain conditions and limitations. Here's an overview: ### Definition and Purpose - **No Contest Clause**: A provision in a will (or trust) that threatens to disinherit any beneficiary who challenges the validity of the document or its provisions. - **Purpose**: To discourage beneficiaries from contesting the will, thereby reducing legal disputes and protecting the decedent's wishes. ### Enforceability in California Under California law, specifically the California Probate Code, a no contest clause can be enforced in certain situations. However, the law has evolved to balance the interests of protecting the decedent's intentions and preventing unjust disinheritance due to legitimate concerns about the will's validity. ### Key Points of Enforceability 1. **Direct Contests Without Probable Cause**: - A no contest clause is enforceable against a beneficiary who brings a direct contest to the will without probable cause. - **Direct Contest**: A legal challenge based on allegations such as lack of testamentary capacity, undue influence, fraud, or forgery. - **Probable Cause**: Reasonable grounds based on evidence that would lead a reasonable person to believe that the contest is likely to succeed. 2. **Challenges Based on Mistake or Construction**: - A no contest clause is not enforced against a beneficiary who bring...