LEGISLATIVE UPDATE: WILL THE NEW NO CONTEST CLAUSE LEGISLATION PREVENT FIDO FROM CONTESTING HIS MASTER’S WILL

By Bart J. Schenone^* and Margaret G. Lodise^**

The last year of this legislative session marked the passage of many bills of interest to trusts and estates practitioners. While AB 250, the bill creating statutory revocable transfer on death deeds, was not passed, we will have a new no contest law effective January 1, 2010. Many of our clients will rejoice because pet trusts are now validated. In addition, the usual amendments to the ever-increasing conservatorship and guardianship statutes were enacted. And there is a significant addition to documents providing for health care or for resuscitative measures for a terminally ill client: the Physician Orders for Life Sustaining Treatment or "POLST."

This summary cannot address the nuances or significance of all of the 2008 legislation. It is intended only to provide the highlights and some obvious thoughts or recommendations. The reader should supplement this article by reading the particular legislation of interest.

I. PET TRUSTS – SB 685; STATUTES 2008, CHAPTER 168