Trusts and Estates
Ca. Trs. & Estates Quarterly Volume 11, Issue 3, Fall 2005
Content
- Advising Trustees of Special Needs Trusts
- Elder Abuse and Dependent Adult Civil Protection Act: Governmental Aspects
- Hearsay Evidence In Trust and Estate Litigation
- Realities of the Trust Situs Marketplace
- THE NEW UNITRUST CONVERSION POWER UNDER THE CALIFORNIA UNIFORM PRINCIPAL AND INCOME ACT - A Useful Complement to the Adjustment Power
- And Now the Rest of the Story: No Contest Clauses Under the New Rules of Section 21305
AND NOW THE REST OF THE STORY: NO CONTEST CLAUSES UNDER THE NEW RULES OF SECTION 21305
By John A. Hartog* Shirley L. Kovar**
I. INTRODUCTION
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.