AND NOW THE REST OF THE STORY: NO CONTEST CLAUSES UNDER THE NEW RULES OF SECTION 21305
By John A. Hartog* Shirley L. Kovar**
There is science, logic, reason; there is thought verified by experience. And then there is California. – Edward Abbey
"No contest" clauses often embody the legitimate intent of the donor and are also seen as deterring litigation and making administration of estates less cumbersome, time-consuming and expensive. Conversely, however, the law abhors forfeiture, and our legal system does not want to deter meritorious lawsuits. This tension has generated California’s ever-changing world of "no contest" law.