Antelope Valley Estate Planning Law Firm Warns Abolishment of California's 'No Contest' Clause Will Lead to False Claims

Share Article

Antelope Valley estate planning law firm Thompson Von Tungeln warns that the abolishment of California's "No Contest" Clause will lead to false claims. In doing away with most "no contest" clauses, this recent legislation signed into law in July 2008 allows almost any person to contest a will or trust. The result of Senate Bill 1264 will mean many more lawsuits taking several years to resolve at enormous cost, pressuring rightful heirs to settle.

This has always been a very effective way to keep the peace after you died

Antelope Valley estate planning law firm Thompson Von Tungeln warns that abolishment of California's "No Contest" clause will lead to false claims.

Signed into law July 2008 and retroactive to January 1, 2001, the abolishment of the "no contest" clause means that nearly anyone can challenge a trust or will on almost any grounds. There are only a few exceptions to this new law.

Kevin Von Tungeln, partner in the law firm Thompson Von Tungeln notes that some of the arguments used to support abolishing the "no contest" clause are preserving open access to justice; the preference for judicial oversight and the public disapproval of punishing someone with the forfeiture of an inheritance if that person chose to challenge the will or trust.

He adds, however, that when the "no contest" provision was in full force, it allowed people who created wills and trusts to exclude individuals, but to also give them a monetary gift as long as they didn't contest the will. If those individuals did contest the will, they stood to lose the gift. "This has always been a very effective way to keep the peace after you died," said Von Tungeln.

"Now it will be much more difficult - if not impossible," said Von Tungeln, "for people to safeguard their wills and estates from money-hungry scavengers and unscrupulous attorneys who stand to gain up to 50% of the amount recovered in these lawsuits."

About Kevin L. Von Tungeln
With more than 17 years' legal experience, Kevin L. Von Tungeln serves Thompson Von Tungeln in the areas of estate planning, probate, trusts, wills, trust administration, conservatorships, guardianships and elder law. He is certified by the State Bar of California Board of Legal Specialists as a Board Certified Specialist in Estate Planning. To find out more about Von Tungeln, go to his LinkedIn profile at:
(http://www.linkedin.com/in/kevinvontungeln)

About Thompson Von Tungeln
Antelope Valley estate planning law firm Thompson Von Tungeln (TVT) offers sophisticated estate planning and administration for the affluent, discriminating client. As Board Certified Specialists in Estate Planning, Trusts and Probate as certified by the State Bar of California Board of Legal Specialization, partners Mark E. Thompson and Kevin L. Von Tungeln are expertly equipped to serve these clients with the creative, effective and custom solutions they demand. For more information, contact TVT at 661-945-5868 or visit their website at http://www.tvttrustlaw.com

# # #

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Kevin Von Tungeln
Visit website