Estate of Shumway v. Gavette

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether the penalty, or so-called in térro- rem, clause in a will should be enforced against those who contest the will. Per A.R.S. § 14-2517, the penalty clause is unenforceable if probable cause existed to contest the will. Under the facts of this case of first impression and according to what we conclude to be the proper definition of probable cause, we find that the penalty clause should not be enforced. We thus vacate part of the court of appeals’ opinion, reverse the portion of the trial court’s judgment dealing with enforcement…