California Wills & Trusts: January 2001 Summary

No Contest Clauses

Probate Code Section 21305 is a new statute dealing with no contest clauses. Section 21305 specifies actions that do not constitute a contest unless expressly identified as a contest in the no contest clause. The new statute also specifies actions that, as a matter of public policy, do not violate no contest clauses, notwithstanding anything to the contrary in the instrument. Section 21305 applies to instruments executed after January 1, 2001, except for codicils that specifically add or amend no contest clauses contained in instruments executed before that date. The no contest clauses in the program and related commentary have been revised to incorporate the new law.

Trustee Reporting and Notification

The definition of "terms of the trust" contained in Probate Code Section 16060.5, and other related statutes that apply to trustee reporting and notification, have been modified effective January 1, 2001. The commentary in the program has been revised accordingly. The warning contained in the Notification by Trustees has been revised to incorporate the amendment of Probate Code Section 16061.7(h).