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MO HB1429

Bill

Status

Introduced

1/15/2014

Primary Sponsor

Joe McGaugh

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Allows interested persons to file a petition seeking court determination of whether their actions would trigger a no-contest clause before proceeding with claims, for both irrevocable trusts and wills.

  • Petition must be verified under oath and decided based on the trust/will text, context, and factual allegations without additional evidence except to resolve ambiguities.

  • Court order on no-contest clause enforceability applies only to the specific claims described in the petition and does not protect claims that are materially different from those adjudicated.

  • Establishes seven circumstances where no-contest clauses are not enforceable, including objections to jurisdiction/venue, accounting disputes, guardian/conservator appointments, disclosure of trust information, and approval of nonjudicial settlement agreements.

  • Court may award costs, expenses, and attorneys' fees in proceedings brought under this section.

Legislative Description

Changes the laws regarding a no-contest clause in a will or trust

Last Action

HCS Voted Do Pass (H)

2/19/2014

Committee Referrals

Judiciary1/22/2014

Full Bill Text

No bill text available