South Dakota Codified Laws 29A-2-517. Penalty clause for contest
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A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Terms Used In South Dakota Codified Laws 29A-2-517
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Source: SL 1995, ch 167, § 2-517.