Full question:
If it is written in a will that any person contesting the will shall recieve only $1.00 by the principle of the will;; is that legal and can it be upheld in a court of law even though the contestation is due by an act a of the trustor ? Can it be upheld for any contest of the will ?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Arizona
Answer:
In Arizona, a provision in a will that penalizes someone for contesting it is generally unenforceable if there is probable cause for the contest. This means that if a person contests the will and has a valid reason, they cannot be limited to just a nominal gift like $1.00.
There have been court cases in Arizona that addressed this issue. In one case, the court initially upheld a nominal gift because it found no probable cause for the contest. However, this decision was later reversed by the Arizona Supreme Court, which determined that there was indeed probable cause for the contest, making the nominal gift unenforceable.
The relevant statute states: “A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for that action.” (A.R.S. § 14-2517).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.