Legal Question in Wills and Trusts in California

Codicil to a will

Is it legal for someone to state in their will that if anyone listed as a beneficiary contests the Will they will receive nothing?

Even when they are to receive 50% of everything and do not receive 50% of everything?


Asked on 12/23/07, 7:30 am

2 Answers from Attorneys

Re: Codicil to a will

Generally will contest clauses are enforceable. However, in your particular case it may not enter into play at all.

If you are merely concerned that you are not receiving the 50% you were promised in the will, you are not contesting the validity of the will. Instead, you are objecting to the terms of the will not being carried out.

You should consult with an attorney in the area where the probate has been filed or will be filed. If no probate is filed you should consult with an attorney in te area where the decedent resided.

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Answered on 12/23/07, 10:05 am

Re: Codicil to a will

Generally will contest clauses are enforceable. However, in your particular case it may not enter into play at all.

If you are merely concerned that you are not receiving the 50% you were promised in the will, you are not contesting the validity of the will. Instead, you are objecting to the terms of the will not being carried out.

You should consult with an attorney in the area where the probate has been filed or will be filed. If no probate is filed you should consult with an attorney in te area where the decedent resided.

Read more
Answered on 12/23/07, 10:06 am


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