The current statutory scheme greatly restricts the enforceability of no-contest clauses. This law adopts a general rule that a no-contest clause “shall only be enforced” against contests that fall within one of three types (Prob C §21311):
(2) Challenges to certain property transfers if expressly barred by the no-contest clause ; and
(3) Filing or prosecution of creditor’s claims if expressly barred by the no-contest clause .
Thus, after January 1, 2010, for all instruments that became irrevocable on or after January 1, 2001, (Prob C §21315) no-contest clauses are not enforceable against contests that are outside these three types. As with the former law, however, the statute states that the common law governs enforcement of a no-contest clause to the extent that the statute does not apply. Prob C §21313.