Imagine this: you’re supposed to inherit $1.5 million from your parents’ trust. You’ve waited patiently, only to discover the trustee hasn’t been doing their job — or worse, has mismanaged trust assets. So you hire a lawyer and file a Petition in probate court asking the judge to step in. You’re not trying to overturn the trust or grab more than your share. You’re simply asking the court to do what the law allows: hold the trustee accountable, make them repay money they misused, and replace them with someone neutral and responsible.
The Trustee’s Retaliation: No-Contest Clause Threats
Then comes the trustee’s response. Buried in the legal paperwork is a bombshell: the trustee claims you’ve triggered the no-contest clause in the trust. In plain terms, they’re saying you’ve just disinherited yourself. Your $1.5 million? Gone.
When our client read those words, she was devastated. She called us in tears, convinced she had lost everything her parents intended for her — all because she asked the court to enforce her rights. And that’s exactly what the trustee (and his lawyer) wanted: fear, intimidation, and silence.
The Legal Reality: No Contest Doesn’t Apply Here
But here’s the truth: this kind of retaliation has no legal merit. California law is clear. A no-contest clause can only be enforced in very narrow situations, like when someone challenges the validity of the trust itself without good reason. Filing a Petition to hold a trustee accountable for breaches of duty is not one of those situations. Period.
Using an Anti-SLAPP Motion: A Legal Shield
That’s why we fought back with an Anti-SLAPP motion. Think of it as a legal shield that stops bullies from using the court system to punish people for exercising their rights. The court can throw out these bogus claims and even order the trustee to pay our client’s legal fees.
Why Trustees Are Weaponizing No-Contest Clauses
Unfortunately, we’re seeing more and more trustees (and their lawyers) try this tactic. It’s become a scare strategy: toss in a claim of disinheritance to rattle beneficiaries and make them think twice about speaking up. The emotional toll is real — sleepless nights, anxiety, and a crushing fear of losing everything.
Beneficiaries Have Rights: Don’t Be Intimidated
Our message to beneficiaries is simple: don’t be intimidated. Trustees have duties. Beneficiaries have rights. And courts exist to enforce those duties, not to let them be twisted into weapons of retaliation. If a trustee tries to weaponize a no-contest clause against you, fight back. California law gives you the tools to do so.
At Albertson & Davidson, we’ve helped countless families stand up to trustees who cross the line. If you’re facing this kind of retaliation, you’re not alone — and you’re not powerless.
Stewart R. Albertson and Keith A. Davidson are California attorneys who litigate in the area of Trust, Estate, and Probate litigation. Their firm—Albertson & Davidson, LLP—has obtained more than $300 million in verdicts and settlements for clients. Their practice includes prosecuting and defending trust contests and will contests, prosecuting financial elder abuse litigation, suspending and removing trustees who breach their duties. Stewart can be reached at [email protected] and Keith can be reached at [email protected].
