Bill Text: CA SB329 | 2021-2022 | Regular Session | Amended
Bill Title: Wills and trusts: no contest clauses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-06-17 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96. [SB329 Detail]
Download: California-2021-SB329-Amended.html
Amended
IN
Assembly
June 01, 2021 |
Amended
IN
Senate
February 26, 2021 |
Introduced by Senator Jones |
February 05, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require a person who has notice of a contest and wishes to enforce a no contest clause to file a pleading to enforce the no contest clause by the later of 120 days prior to the date initially set for commencement of the evidentiary hearing or trial on the contest, or 60 days after the date of the setting of the evidentiary hearing or trial. The bill would provide that where possible, and
subject to the court’s discretion as to the order of proof, the contest and the proceeding to enforce a no contest clause should be adjudicated in the same evidentiary hearing or trial.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 425.17 of the Code of Civil Procedure is amended to read:425.17.
(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California(a)A person who has notice of a contest and wishes to enforce a no contest clause shall file a pleading to enforce the no contest clause on or before the later of the following dates:
(1)One hundred twenty days prior to the date initially set for commencement of the evidentiary hearing or trial on the contest.
(2)Sixty days after the date of the setting of an evidentiary hearing or trial on the contest.
(b)When possible, and subject to the court’s discretion as to the order of proof, the contest and the proceeding to enforce a no contest clause should be adjudicated at the same evidentiary hearing or trial.