California Appellate Panel Applies New Probate Code, Rejects No-Contest Clause

(October 25, 2017, 1:27 PM EDT) -- VENTURA, Calif. — A California appellate panel on Oct. 23, in a case of first impression, applied newly enacted state Probate Code Section 21310 and found that a former beneficiary of a living trust may challenge a third amendment that disinherited him as it contained general language of incorporation of a prior trust amendment but did not specifically refer to a no-contest clause (Jose Francisco Aviles, et al. v. Tracy J. Swearingen, No. B281420, Calif. App., 2nd Dist., Div. 6, 2017 Cal. App. LEXIS 923)....

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