Probate, No Contest Clause, Petition to Interpret or Reform a Will or Trust Is Not A Contest, 1, 2
A petition seeking to interpret or reform a will or deed of trust to fulfill the testator’s or trustor’s intent is not a “contest” within the meaning of a no-contest clause or within the meaning of Probate Code 16061.7 which sets a 120-day limit on filing contests of trusts after the trustee sends notice that the trust has become irrevocable as a result of the trustor’s death. A contest tries to invalidate the instrument or some part of it. The interpretation or reformation tries to enforce the settlor/trustor’s intent that has been mistakenly written in words that are either unclear or do not accurately embody the settlor’s/trustor’s intent. Here, for example, the trustor allegedly wanted to divide his property 50-50 between his two sons. But by handwriting “one-half” next to one provision, he erroneously made it appear as if the split was to be 75%-25%.