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California Wills & Trusts
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
2-40 California Wills & Trusts 40.syn
Disinheritance and No-Contest Clauses
Editorial Consultants--John A. Hartog;Albert G. Handelman;and James B. Ellis
The chapter first distinguishes between disinheritance and no-contest clauses. It discusses the legal effect of a disinheritance clause, including the limitations of such clauses and the persons against whom such a clause is effective. The discussion then turns to the use of disinheritance clauses, covering general considerations, the disinheritance of a spouse and the disinheritance of a child.
The chapter goes on to examine the drafting of a disinheritance clause. It covers the disinheritance of a specific person, class or omitted heirs, specifying the reasons for disinheritance and providing for a nominal devise in the disinheritance clause. Finally, the chapter covers no-contest clauses, including their use and effectiveness, along with a discussion on drafting an effective no-contest clause.
California Wills and Trusts (Matthew Bender) provides a practical guide to planning, drafting, interpreting, and executing wills and trusts in California, explaining both the law and underlying estate and tax planning concepts. It contains extensive coverage of wills, testamentary and inter vivos trusts (both revocable and irrevocable), and durable powers of attorney, along with complete and individual provisions of wills, trusts, and codicils. It also incorporates recent legislative enactments and revisions of the Probate Code, as well as up-to-date citations and references to California statutes and cases.
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RELATED CHAPTERS: (View)
For additional discussion of the statutes governing omitted heirs and other statutes dealing with the persons who take under a will, see Ch. 21, Devisees.
For a discussion of the anti-lapse statute, see Ch. 24, Devises--General Considerations.
For a discussion of the statutes regulating the order of intestate succession, see Ch. 1, Overview of California Law Governing Disposition of Estates.
For a discussion of no-contest clauses and disinheritance clauses used in inter vivos trust instruments, along with their specific effects in that context, see Ch. 91, Organization of Trust Instrument.
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