Section 29-1-6-2 - Contest of wills; admission prevented; forfeiture of benefits(a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.(b) Subsection (a) does not apply to the following proceedings: (1) An action brought by a beneficiary if good cause is found by a court.(2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.(6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.(7) An action brought by the attorney general that:(A) seeks a ruling regarding the construction or interpretation of: (i) a will containing a charitable trust or charitable bequest; or(ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or(B) institutes any other proceedings relating to:(ii) a trust; if good cause is shown to do so.
Amended by P.L. 215-2018SP1,SEC. 13, eff. 7/1/2018.Amended by P.L. 163-2018,SEC. 4, eff. 7/1/2018.Amended by P.L. 136-2018,SEC. 215, eff. 7/1/2018.Formerly: Acts 1953, c.112, s.602.