Bill > HB2863

This bill modifies provisions related to "no-contest clauses" in trust instruments, which are provisions that can cause a beneficiary to forfeit their inheritance if they challenge the trust. The bill allows an "interested person" (someone with a direct stake in the trust) to ask a court for a preliminary ruling on whether a specific action they plan to take would trigger the no-contest clause. This petition must be filed under oath and can be part of a larger legal case or a standalone proceeding. The court will consider the trust's wording and the factual claims made in the petition to make its determination, and its ruling can be immediately appealed. The bill also clarifies that a ruling on a no-contest clause only applies to the specific claims and facts presented in the petition, and if new or different claims are later filed, the protections of the ruling may not apply. Importantly, the bill lists several circumstances where a no-contest clause is not enforceable, such as challenging court jurisdiction, seeking an accounting from a trustee, or disclosing trust information as permitted by law. An interested person who doesn't seek this pre-emptive court determination is not prevented from challenging the no-contest clause later, but they won't have the protections afforded by this bill.

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https://house.mo.gov/Bill.aspx?bill=HB2863&year=2026&code=R