Legal Definition
As used in this part:
(a) “Contest” means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced.
(b) “Direct contest” means a contest that alleges the invalidity of a protected instrument or one or more of its terms, based on one or more of the following grounds:
(1) Forgery.
(2) Lack of due execution.
(3) Lack of capacity.
(4) Menace, duress, fraud, or undue influence.
(5) Revocation of a will pursuant to Section 6120, revocation of a trust pursuant to Section 15401, or revocation of an instrument other than a will or trust pursuant to the procedure for revocation that is provided by statute or by the instrument.
(6) Disqualification of a beneficiary under Section 6112, 21350, or 21380.
(c) “No contest clause” means a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court.
(d) “Pleading” means a petition, complaint, cross-complaint, objection, answer, response, or claim.
(e) “Protected instrument” means all of the following instruments:
(1) The instrument that contains the no contest clause.
(2) An instrument that is in existence on the date that the instrument containing the no contest clause is executed and is expressly identified in the no contest clause, either individually or as part of an identifiable class of instruments, as being governed by the no contest clause.
Basic Definition
Section 21310: This section defines key terms related to no contest clauses, including “contest,” “direct contest,” and “protected instrument,” outlining the grounds for challenging an instrument.
In-Depth Overview and Use Cases
Section 21310 sets forth the definition of no contest clauses in estate planning documents. It provides clarity on what constitutes a contest, namely alleging an instrument or one or more of its terms are invalid for any number of reasons, such as forgery, undue influence, or lack of capacity. Use cases often involve beneficiaries contesting wills or trusts, alleging issues such as fraud or improper execution. The intent of a no contest clause is to discourage challenges, but Section 21311 sets forth the exceptions under which valid legal concerns, like evidence of forgery, can still be raised without the contestant being disinherited.
Application & Relevance
Probate litigation attorneys use Section 21310 to navigate disputes involving no contest clauses. This section is particularly relevant when representing clients in challenging or defending the enforceability of such clauses. It balances the testator’s intent to discourage litigation with the need to address legitimate legal concerns about the instrument’s validity.
Legal Scenario
Trust Contest
Probate Code Impact
Section 21310 and Section 21311 define the scope of a no contest clause and outline grounds for contesting a will or trust. In trust contests, they determine whether a beneficiary’s challenge to the trust will result in the forfeiture of their inheritance. This section and Section 21311 help establish whether a contest based on lack of capacity or undue influence can proceed without triggering the penalty.
Legal Scenario
Executor & Administrator Breach of Fiduciary Duty
Probate Code Impact
When an executor or administrator is accused of breaching fiduciary duty by failing to properly execute the decedent’s wishes, Section 21310 is used to determine whether the challenge constitutes a “contest”. So long as the “breach of fiduciary duty” allegations are limited to the fiduciary’s conduct, and not attacking the validity of the document itself, parties will typically be able to bring these types of claims without running afoul of “no contest” provisions.
