A provision in a governing instrument purporting to penalize an interested person for contesting the governing instrument or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
§ 45-2-517 NMSA 1978
Penalty clause for contest
Known as the Uniform Disclaimer of Property Interests Act
The act spans §§ 45-2-1001 to 45-2-914 (118 sections).
Applied in 2 court decisions — leading case Jenifer Duncan v. Olga Rawls (2018)
Most recently applied in Jenifer Duncan v. Olga Rawls (March 2018)
1978 Comp., § 45-2-517, enacted by Laws 1995, ch. 210, § 13; 2016, ch. 69, § 710.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.