What Is a No Contest Clause? Michael Jackson’s Mother Requests Instruction
Posted on | July 31, 2009 |
A no contest clause is a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary if the beneficiary files a contest with the court. Michael Jackson’s mother has asked the court whether her requesting the removal of Jackson’s executors (“What are the Duties of a California Executor or Personal Representative?) would trigger the no-contest clause in Jackson’s will. The law in California is about to change greatly in this regard to discourage these types of filings.
Most attorneys will ask the court’s permission to challenge a provision before initiating a full blown proceeding. This has flooded the court system with petitions asking for interpretations of the clauses. The new law in 2010 will allow certain challenges despite the use of a no contest clause and take away the ability to petition the court for review of others. Michael Jackson’s mother wants to either challenge the executors of Michael’s estate, or put her own petition before the court asking the court to appoint her as executor. This could trigger a clause in Jackson’s will essentially disinheriting her – so her lawyer has asked whether placing her own petition before the court will trigger the provision. You can read more about the story here.
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Tags: attorney > california > challenge > executor > fraud > lawyer > no contest clause > personal representative > probate > san diego > stealing > theft > will contest
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