2025 Session
Last amended: 1994 session
§ 524.2-517 — Penalty Clause for Contest
Plain-Language Summary
Some wills include a 'no-contest' clause that says someone will lose their inheritance if they challenge the will. In Minnesota, this kind of penalty clause cannot be enforced if the person had a good reason (probable cause) to challenge the will.
524.2-517 PENALTY CLAUSE FOR CONTEST.
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.
History:
History: History:
1994 c 472 s 47
Practical Notes
When this applies: When a will includes a clause penalizing anyone who contests it or brings related legal proceedings. Who this affects: Heirs or beneficiaries who believe a will is invalid and want to challenge it in court. Key points: No-contest clauses are not enforceable if the challenger had probable cause; this protects people with legitimate legal concerns from being punished for raising them.