No Contest Clauses in Wills - What Are They
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by: TVTtrustlaw
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A no contest clause is a clause that is commonly included in a person's will in order to discourage any attempt to legally dispute the provisions of the will after the testator is no longer living. For various reasons--ranging from forgery to the discontent of disinherited family members--families of the deceased often seek to contest a will. A no contest clause serves to impede such litigation in specific circumstances, but is in no way a guarantee that a testator's requests for bequeathing his or her estate will be carried out exactly as specified.
A typical no contest clause reads as follows:
Except as otherwise provided herein, I have intentionally and with full knowledge omitted to provide for my heirs. If any beneficiary under this Will in any manner, directly or indirectly, contests my Will or any of its provisions in any legal proceeding that is designed to thwart my wishes as expressed in my Will, any share or interest in my estate given to that contesting beneficiary under my Will is revoked and shall be disposed of under the terms of my Will as if that contesting beneficiary had predeceased me without issue.
However, it is important to note that although inclusion of a no contest clause in a California will is an attempt to avoid legal disputes to the will, it will not always achieve this goal. There are specific circumstances, as outlined in later articles, which may render the no contest clause ineffective or unenforceable by California courts. These are often referred to as exclusions, and can include anything from proof of forgery, duress, or manipulation on the part of the creator and witness of the actual instrument of the will.
If you would like further information concerning how to include a no contest clause in your estate planning options, or the limits of such clauses in California courts, a qualified California estate planning attorney will be able to assist you with your specific needs and questions. California estate planning law is constantly changing, and new legislation is being considered that calls into question the validity and legalities of such clauses in California wills. In light of these changes, it is always a good idea to find out the most recent California legislation as it applies to your case. A highly skilled attorney with experience litigating and drawing up California wills should be able to help you decide the best options for you and your loved ones.
Article Source: http://articles-collections.com
About the Author
Kevin Von Tungeln is the Managing Partner of EstatePlanningSpecialists.com and Thompson Von Tungeln, P.C. Kevin practices in the areas of estate planning, probate, wills, and trust administration. Visit www.EstatePlanningSpecialists.com or www.linkedin.com/in/kevintungeln.
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