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 if probable cause exists for instituting proceedings.
Idaho Code § 15-3-905
Penalty clause for contest
Applied in 1 court decision — leading case Jenifer Duncan v. Olga Rawls (2018)
Most recently applied in Jenifer Duncan v. Olga Rawls (March 2018)
I.C., § 15-3 -905, as added by 1971, ch. 111, § 1, p. 233.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.