C/W 2023-C-01452 succession of Bonny Babin Maloney

Summary

The court held that the no-contest clause in the decedent's will applied to the applicants' efforts to obtain a restraining order against the executor while he was acting for the decedent's estate, even though the action was filed in a different succession proceeding. Because the clause clearly covered controversies against the executor concerning the estate, the court affirmed partial summary judgment disinheriting the applicants. The court declined to decide whether a good-faith challenge based on testamentary incapacity or defective formalities would trigger such a clause.