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 instituting proceedings.
Utah Code § 75-2-515
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)
Enacted by Chapter 39, 1998 General Session
Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.