In Re MARY E GRIFFIN REVOCABLE GRANTOR TRUST

This case involves the enforceability of the in terrorem (no-contest) clause in the Mary E. Griffin Revocable Grantor Trust agreement. Respondent appeals as of right the probate court’s order declaring the clause unenforceable and denying her motion for summary disposition under MCR 2.116(C)(9) and (10). Although MCL 700.2518 does not apply to trusts, we conclude that it reflects this state’s public policy that a no-contest clause in a trust agreement is unenforceable if there is probable cause for *534challenging the trust. We further conclude that petitioner, Otto Nacovsky, had probable cause…