The California Legislature recently made changes to the Probate Code which greatly restrict the courts’ ability to enforce “no contest” clauses in wills and trusts that became irrevocable after January 1, 2001. Starting on January 1, 2010, the courts will only be able to enforce these clauses where an heir or beneficiary makes a challenge on grounds including forgery, lack of proper execution, lack of capacity, menace, duress, fraud, or undue influence “without probable cause”, and where a no contest clause specifically allows a challenge to the transfer of property or a creditor’s claim.

This change greatly simplifies what has been a complex and burdensome area of the law here in California. In general, it means that those who have good reason to believe that a will or trust is the result of fraud, undue influence or other misconduct will be able to bring their claims in court free of the threat of a no contest clause.

At Long Law Offices, we have seen an increase in cases of financial elder abuse and undue influence connected to wills and trusts. The new law will end up punishing and discouraging the bad guys. It is always great when the courthouse doors open a little wider for those who have been wronged. We look forward to using these sharpened tools to help our clients in the new year and beyond.