Penalty clause for contest.

  1. Law
  2. New Mexico Statutes
  3. Uniform Probate Code
  4. Probate of Wills and Administration
  5. SPECIAL PROVISIONS RELATING TO DISTRIBUTION
  6. Penalty clause for contest.

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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.

History: Laws 1975, ch. 257, § 3-905; repealed and reenacted by Laws 2016, ch. 69, § 718.

ANNOTATIONS

Repeals and reenactments. — Laws 2016, ch. 69, § 718 repealed former 45-3-905 NMSA 1978, and enacted a new section, effective July 1, 2016.

Compiler's notes. — Laws 1975, ch. 257, § 3-905, contained this section number, but no accompanying text.


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