No Contest Clauses in Wills Exceptions to Enforceability

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The practice of California estate planning often includes the creation of wills for distribution of property after the testator has deceased. Within many California wills, estate planning attorneys are asked to include a clause entitled a no contest clause, in which the testator attempts to discourage litigation to contest the will after he or she is deceased. In such no contest clauses, any beneficiary of the will faces possible disinheritance if that beneficiary attempts to pursue litigation in dispute of the provisions of the will. Often, this occurs when a family member feels as if he or she did not get a fair share.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kevin L. Von Tungeln, Thompson | Von Tungeln, A P.C. | Attorney Advertising

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