California's no contest clause reform legislation (SB 1264) enacts major changes in the law governing enforceability of no contest clauses. This legislation changes what actions beneficiaries who are subject to no contest clauses may take, how parties should litigate disputes under instruments containing no contest clauses, what choices fiduciaries administering instruments with no contest clauses will face, and how estate planners should draft wills and trusts as a consequence of these changes.

Although the statute will become operative January 1, 2010, it then will apply to any instrument, whenever executed, that became irrevocable on or after January 1, 2001.

As liaison from the State Bar's Trust & Estate Section's Executive Committee to the California Law Revision Commission, seminar moderator Neil F. Horton worked closely with the Commission on its recommendation for the new statute. He and his fellow panelists, all of whom are Executive Committee members, have a thorough understanding of the legislation and how it will change how you need to counsel clients and draft instruments.

Don't miss this opportunity to learn from the experts the ramifications of California's new statutory scheme governing when no contest clauses are and are not enforceable.

Assumes some experience in trusts and estates practice.

Program Highlights

• When is a no contest clause enforceable?
• What kinds of actions will trigger a no contest clause?
• When does probable cause protect a beneficiary?
• Will a petition for declaratory relief protect a beneficiary?
• How will no contest clauses apply to a beneficiary's rights to property where those rights exist independently of the instrument containing the no contest clause?
• To what instruments may a no contest clause apply?
• What unintended consequences may arise from including no contest clauses in wills and trusts?v
• How may no contest clauses affect beneficiaries who have creditor's claims?
• Can no contest clauses be used to create forced elections?
• What alternatives may estate planners use in lieu of no contest clauses?
• What law applies to no contest clauses in instruments that became irrevocable before January 1, 2001?
• How will the new law apply to events in estate and trust administration and in litigation that occur before January 1, 2010?