One of the biggest misconceptions in California trust litigation concerns the effectiveness of no contest clauses.  This article explains no contest clauses and their limited effectiveness in California trust and estate litigation. _________________ A “no contest clause,” according to California Probate Code section 21310(c), is “a provision in an otherwise valid instrument that, if enforced, would…

As trust and estate litigation attorneys, we have been involved in many will and trust contests in which parents have disinherited one or more of their children.  As estate planners, our experience is that children are usually disinherited because they are estranged or have a persistent drug or alcohol problem.  In these circumstances, the disinheritance…

In plain language, ademption is what occurs in the situation described in the title of this article:  A will leaves a particular piece of real or personal property (e.g., a house, car, dog, watch) to a specific individual, but the item is not in the decedent’s estate at his death.  (Perhaps the decedent crashed the…

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