California, United States of America
The following excerpt is from Corbin v. Secress, H037552 (Cal. App. 2012):
The Probate Code does provide a right to appeal an order, with a respect to a trust, "[d]etermining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11 . . . ." ( 1304, subd. (d).) That type of order is distinguishable from an order dismissing a petition to enforce a no contest clause, however. Under former section 21320, an appealable order grants or denies a motion or application "filed by persons contemplating actions which potentially constitute will contests before taking such action." (Jacobs-Zorne v. Superior Court (1996) 46 Cal.App.4th 1064, 1072 [order summarily adjudicating claim that petition violated a will's no contest clause was not appealable].)
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