No contest clause defined--Enforceability.

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55-1-46. No contest clause defined--Enforceability.

For purposes of §§55-1-46 to 55-1-51, inclusive, a no contest clause is a provision or clause in a trust, that penalizes a qualified beneficiary for contesting a trust or instituting other proceedings at law or equity relating to the trust estate, excluding proceedings related to trust administration. Except as provided in §§55-1-47 to 55-1-51, inclusive, a no contest clause shall be enforced unless probable cause exists for instituting the proceeding on the grounds of:

(1)Fraud;

(2)Duress;

(3)Revocation;

(4)Lack of contractual capacity;

(5)Undue influence;

(6)Mistake;

(7)Forgery; or

(8)Irregularity in the execution of the trust document.

Source: SL 2012, ch 233, §8.


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