There have been, and probably always will be, many wonderful stories and movies that center around, let’s call them, unusual bequests in a will.  Spend the night in a haunted house.  Wear a certain piece of jewelry.  Recite a poetic ritual.  Marry a certain person.  In these films, there won’t be a happy ending (that is, an inherited fortune) if you don’t do what the will says you must!

Even in our real world, there are perfectly legal clauses in a will that positively direct, or occasionally forbid, certain actions by a beneficiary named in a will.  For example, there’s the “no contest” clause that appears in the California Probate Code.

No contest clauses are legal provisions that mean that as long as the will is valid, a designated beneficiary may not contest (file a protest in court against) the amount of the money left to them.  If they do contest the will, they are penalized by receiving nothing.  It is the ultimate “take it or leave it”.

Think about those movie plots in which a wealthy person seeks to penalize a family member by leaving them nothing.  Using the “no contest” clause, it would be worse if the family member were left only a dollar, or even a penny.  Because if that beneficiary decided to contest the will, they’d end up with nothing at all, and it would be legal.  Excluding someone from a will completely could lead to legal action of other kinds, such as challenging the will itself.  But that’s another story.

Remember too, that the purpose of a will is not to punish anyone.  A will exists to legally establish, in writing, your directives and wishes for the disposition of your assets.  The best way to assure the enforceability of your will is to create or update yours with the advice of a knowledgeable estate planning attorney.  If you are ready to proceed, or simply have questions about wills or estate planning, I’m here to help.  Contact me at your convenience, at 818.956.9200.

Glendale Location

616 E. Glenoaks Boulevard, Suite 203

Glendale, CA 91207

Sherman Oaks Location

15303 Ventura Boulevard, Suite 900

Sherman Oaks, CA 91403