Terms Used In California Probate Code 21310

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

  California Probate Code 24

• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contest: means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced. See California Probate Code 21310
• Fraud: Intentional deception resulting in injury to another.
• Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
• No contest clause: means a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court. See California Probate Code 21310
• Pleading: means a petition, complaint, cross-complaint, objection, answer, response, or claim. See California Probate Code 21310
• Protected instrument: means all of the following instruments:

  California Probate Code 21310

• Statute: A law passed by a legislature.
• Trust: includes the following:

  California Probate Code 82

• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88