What is a no-contest clause?

A no-contest clause is a legal provision in a will or trust that states that a person who challenges the will or trust will be disinherited. This clause is used to prevent beneficiaries from challenging the validity of the estate or trust in the court system. It is important to understand that this clause only applies to challenges made in court; if a beneficiary questions the will or trust but does not take it to court, they typically cannot be disinherited. The no-contest clause is a tool used in California to ensure that wills and trusts are recognized by the court system as valid documents. If a challenge is made to the validity of a will or trust, the clause will be enforced and the beneficiary who challenges it will be disinherited. Furthermore, if a no-contest clause is included in a will or trust, any beneficiaries who are aware of this clause are considered to have been notified. It is important to note that a no-contest clause is generally only enforceable in California if it is specifically included in a will or trust document.

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