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Mass. General Laws c.190B § 2-517

Penalty clause for contest

This is an unofficial version of a Massachusetts General Law.

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Section 2-517

A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is enforceable.

Massachusetts comment

The Committee recommends against UPC Section 2-517, which would make in terrorem clauses unenforceable if probable cause exists for instituting proceedings, as it prefers to continue present Massachusetts law which permits enforcement of in terrorem clauses. See 2 Newhall on Settlement of Massachusetts Estates (4th Ed.) § 348 and Old Colony Trust Company v. Wolfman, 311 Mass. 614 (1942).

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