Probable cause in a will or trust contest
Probable cause in a will or trust contest means a legally recognized basis for bringing a challenge or related estate proceeding. The term matters because some state rules make a no-contest or penalty clause unenforceable when probable cause exists, while California law addresses enforcement against a direct contest brought without probable cause. The rules described here come from specific states.
How it works
Probable cause can affect whether a will or trust penalty clause is enforceable. Alaska law makes a will penalty clause unenforceable when probable cause exists for proceedings challenging the will or otherwise relating to the estate. South Carolina has a similar rule for a will provision penalizing an interested person for contesting the will or bringing other estate proceedings.
California uses a direct contest framework. A direct contest alleges invalidity on specified grounds, and a no-contest clause is enforceable against a direct contest brought without probable cause. The party seeking enforcement must prove the contest was brought without probable cause.
Where it shows up for owners of businesses, real estate and private investments
Probable cause may matter when an estate plan includes a will or trust clause addressing challenges or other estate proceedings. An owner may hold a business interest, real estate or private investments in an estate, but the rules in this glossary apply according to the state law described for each clause and proceeding.
The type of challenge also matters in California. The described rule concerns a direct contest alleging invalidity on specified grounds, while the Alaska and South Carolina rules cover will challenges and other estate proceedings as stated in those laws.
Points that are easy to confuse
Probable cause is distinct from the standard for undue influence in the California holding described here. A prior probate court order was not enough by itself to establish lack of probable cause as a matter of law because the two standards differ.
The Mississippi rule described addresses trust no-contest provisions. A provision is enforceable according to its express terms without regard to a beneficiary's good or bad faith, unless probable cause exists.
Common questions
Does probable cause have the same effect in every state?
No single rule is stated for every state here. Alaska and South Carolina describe when certain will penalty provisions are unenforceable, California addresses proof concerning a direct contest and no-contest clause, and Mississippi describes a trust provision's enforceability when probable cause exists.
Does an earlier probate court order establish lack of probable cause in California?
No. The California holding described here states that a prior probate court order is not sufficient by itself to establish lack of probable cause as a matter of law. The undue influence standard and the probable cause standard differ.