In re Estate of Mank

We are asked to decide whether the trial court erred when, as a matter of public policy, it refused to disinherit a disabled adult ward under the terms of the in terrorem clause in his deceased sister’s will because his court-appointed guardian, at the suggestion of the court, filed a petition to contest the will for the limited purpose of tolling the statute of limitations. For the following reasons, we affirm the trial court’s decision not to enforce the clause.

Helen M. Mank (Helen) died testate on May 20, 1994, at the age of 95, leaving a substantial estate. At her death, Helen’s sole heir…