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.
§ 45-3-905 NMSA 1978
Penalty clause for contest
Known as the Uniform Estate Tax Apportionment Act
The act spans §§ 45-3-1001 to 45-3-930 (144 sections).
Laws 1975, ch. 257, § 3-905; repealed and reenacted by Laws 2016, ch. 69, § 718.
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.