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Probate

Sep. 15, 1999

No Contest

^^Probate Law^^ No Contest Clauses May Be More Trouble Than They Are Worth California's no-contest clause structure is uncertain and ambiguous in its extent and may be ineffective in its enforcement.

        By Marshal A. Oldman and Susan J. Cooley
        
        In O'dell v. McKenna (Estate of Peterson), 72 Cal.App.4th 431 (May 24, 1999), the 4th District Court of Appeal construed Probate Code Section 21307 so that a will contest did not violate the no-contest clause.
        The decedent...

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