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MO HB1429
Bill
Status
1/15/2014
Primary Sponsor
Joe McGaugh
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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