Salce v. Cardello

Summary

The court held that the beneficiary technically violated the unambiguous no-contest clauses by seeking a Probate Court hearing concerning the fiduciary’s tax filings. Nevertheless, enforcing the clauses would violate public policy because it would interfere with the Probate Court’s statutory supervision of estate administration and fiduciary duties, including accurate tax reporting and protection of estate assets. The court therefore affirmed the dismissal of the probate appeal.