What does ‘Direct Contest Mean’ under No Contest Clause

A direct contest means a pleading filed with the court by a beneficiary that alleges the invalidity of a protected instrument or one or more of its terms on the basis of one or more of the following grounds (Prob C §21310(b)):

  • Forgery;
  • Lack of due execution;
  • Lack of capacity;
  • Menace, duress, fraud, or undue influence;
  • Revocation of a will under Prob C §6120, revocation of a trust under Prob C §15401, or revocation of an instrument other than a will or trust under the procedure for revocation that is provided by statute or by the instrument; or
  • Disqualification of a beneficiary under Prob C §6112, §21350, or §21380.

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