PART 3. NO CONTEST CLAUSE [21310. - 21315.]

Part 3 repealed and added by Stats. 2008, Ch. 174, Sec. 2.

§§ 21310–21315 · 6 sections

• § 21310 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…
• § 21311 (a) A no contest clause shall only be enforced against the following types of contests: (1) A direct contest that is brought without probable cause. (2) A…
• § 21312 In determining the intent of the transferor, a no contest clause shall be strictly construed.
• § 21313 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…
• § 21314 This part applies notwithstanding a contrary provision in the instrument.
• § 21315 (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001. (b) This part does not apply to an instrument…