No Contest Clauses

Division 11, Part 3 of the California Probate Code deals with no content clauses in wills, trusts, and other instruments in this state.

The following terms are defined: “contest,” “direct contest,” “no contest clause,” “pleading,” and “protected instrument.”

Section 21311 only allows a no content clause to be enforced against the three specified types of contests.

Section 21312 explains that, in determining the intent of the transferor, a no contest clause must be strictly construed.

Section 21313 states that this part is not intended as a complete codification of the law governing enforcement of a no contest clause. The common law governs enforcement of a no contest clause to the extent this part does not apply.

Section 21314 explains that this part applies notwithstanding a contrary provision in the instrument.