Legal Question in Wills and Trusts in California

Is it will to contest a ''Will'' if there is a no-contest clause?

I live in California: my father passed and named my sister as executor and gave everything he owned to her.

Paragraph six read as follows - ''If any beneficiary under my will in any manner, directly or indirectly, contests my will or any of its provisions in any legal proceeding that is designed to thwart my wishes as expresses in my will, any share or interest in my estate given to that contesting beneficiary under my will is revoked and shall be disposed of under the terms of my will as if that contesting beneficiary had predeceased me without issue.

If any of my will is unenforceable, the remaining provisions shall remain in full effect.'

I thought any party of legal interest had the right to contest a will due to possible coercion. The will states that my dad is divorced when he signed the will and refers to a legal document which states grants legal seperation.

I need to know that I won't be shooting myself in the foot by contesting this will.


Asked on 7/27/08, 5:57 pm

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: Is it will to contest a ''Will'' if there is a no-contest clause?

You need to consult an experienced probate litigator. No contest clauses are difficult to enforce, but not impossible. There are many exceptions to no contest clauses; coercion is one of them. But it's quite easy to "shoot oneself in the foot" in this area, so you are smart to be cautious.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 7/30/08, 2:44 am


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