Asserting Anti-SLAPP Motions Against Enforcement of a No Contest Clause
In estate litigation, disputes over the enforcement of a no contest clause can be contentious and complex. It is a strategic decision to determine how you will defend against such petitions, including whether to file an Anti-SLAPP (Strategic Lawsuit Against Public Participation) motion. In this blog, we provide a comprehensive overview of key considerations to help you navigate this important decision.
Understanding No Contest Clauses
No contest clauses, also known as in terrorem clauses, are included in estate planning documents to deter beneficiaries from challenging the validity of the will or trust. Violating the clause may result in forfeiture of inheritances or other penalties. Petitions to enforce a no contest clause typically allege that a beneficiary’s actions or legal challenges constitute a contest, triggering the clause’s penalties.
Anti-SLAPP Motion: The Basics
An Anti-SLAPP motion aims to dismiss lawsuits that target protected speech or petitioning activities. It is designed to protect against frivolous or retaliatory legal actions that could chill free speech rights.
To succeed with an Anti-SLAPP motion, the defendant must demonstrate:
- The lawsuit arises from protected speech or conduct related to a public issue.
- The plaintiff lacks a probability of prevailing on the merits of the claim.
Consider the following before filing an Anti-SLAPP motion:
- Legal strategy. Evaluate whether the petition to enforce the no contest clause constitutes a strategic lawsuit against public participation. Determine if the claims target protected activities, such as legal challenges or communication related to the estate.
- Timing and impact. Consider the timing and potential consequences of filing an Anti-SLAPP motion. Early intervention may lead to dismissal of the petition and recovery of attorney fees, but failure could result in the preservation of the lawsuit with potential penalties.
- Legal guidance. Seek advice from an experienced estate litigation attorney to assess the merits of filing an Anti-SLAPP motion in your specific case. An attorney can provide strategic counsel, analyze potential outcomes, and recommend the most effective course of action.
Let Us Help with Your Dispute
At OC Trial Group, our estate litigation attorneys are equipped to help you navigate complex disputes involving no contest clauses and Anti-SLAPP motions. We offer personalized legal strategies and diligent advocacy, and we have extensive experience in protecting clients’ interests in real estate matters.
Whether you’re facing enforcement of a no contest clause or considering defenses such as an Anti-SLAPP motion, our dedicated team is here to provide skilled representation and achieve favorable outcomes. By partnering with our firm, you can navigate estate litigation challenges effectively, as our team can work to ensure your rights are protected and your interests are defended.
Call (949) 270-3424 to schedule a consultation and safeguard your rights in estate litigation.
