Wills and trusts: no contest clauses.

Existing law, in relation to wills, trusts, and other instruments, regulates no contest clauses, which are provisions in otherwise valid instruments that, if enforced, penalize beneficiaries if the beneficiaries file a contest with the court. Existing law specifies that a no contest clause will be enforced only against the following types of contests: a direct contest, as defined, that is brought without probable cause, a pleading to challenge a transfer of property on the grounds that it was not the transferor's property at the time of transfer, and the filing of a creditor's claim or prosecution of an action based on it. Existing law provides that a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech in connection with a public issue, as specified, shall be subject to a special motion to strike, also known as an anti-strategic lawsuit against public participation (anti-SLAPP) motion, unless the court determines there is a probability that the plaintiff will prevail on the claim. Existing law specifies additional requirements for the court's adjudication of an anti-SLAPP motion. Existing law exempts from these anti-SLAPP provisions any action brought solely in the public interest or on behalf of the general public, under specified conditions, and any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, as further specified. This bill would also exempt from the anti-SLAPP provisions an action to enforce a no contest clause in a will, trust, or other instrument.