Hollywood California Actor Jackie Cooper started acting at the age of 3 and was nominated for a best actor in a leading role at the age of 9 the youngest in any category for 50 years. He then went on to work in the entertainment field for over 60 years including the role of Perry White the editor of the newspaper in Superman.
When he prepared his will having been married 3 times and having a child from a prior marriage and 3 from his current wife he wanted to make sure that there was no Probate Litigation, disputes or other contesting of his wishes and that the property just passed to his wife for her life then to the children. As a result he provided in his will that if anyone named in the will sought to contest its terms unsuccessfully that they would only receive $5. His phrasing was "I give to such persons so contesting or objecting the sum of FIVE DOLLARS ($5.00) and no more."
Interesting to note that while no contest clauses had been valid and all types of no contest clauses had been enforeceable in California for a while the law permitting this was changed effective January 1 2010 with when new Probate statute §§ 21310–21315 was passed and signed into law repealing the prior statute. There are now restrictions regarding what types and situations a no contest clause is enforceable. Also his wife failed to survive him so it now passes all to his children in equal shares.
In Florida where the Probate Attorney Blog is written the law is and has been that no contest clauses are specifically uneforceable by statute as against public policy. Florida Statute 732.517 states
A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.
Source regarding provision in Jackie Cooper's will and photo TMZ Jackie Cooper the poison pill clause.
Comments