What is a ‘Protected Instrument’ in a No Contest Clause?

A protected instrument means both of the following (Prob C §21310(e)):

  • The instrument that contains the no-contest clause; and
  • An instrument that is in existence on the date that the instrument containing the no-contest clause is executed and that is expressly identified in the clause, either individually or as part of an identifiable class of instruments, as being governed by the clause.

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