Stewart v. Stewart

OPINION

TIMMER, Presiding Judge.

¶ 1 In this will contest case, we consider whether the superior court properly invalidated on statutory and public policy grounds in terrorem, clauses of a will and living trust that serve to disinherit beneficiaries who either challenge the enforceability of testamentary documents or cooperate in any such challenge. For the following reasons, we hold that the clauses are enforceable unless a beneficiary had probable cause to contest the testamentary documents. We therefore reverse the portion of the judgment invalidating the in terrorem, clauses but otherwise…