Matter of Estate of Westfahl

Summary

The court held that no-contest clauses in wills are valid and enforceable when they do not violate public policy or a rule of law, but must be strictly construed against forfeiture. It further held that a beneficiary's good-faith submission of a later will for probate, when supported by probable cause and required by the statutory duty to produce wills, does not constitute a contest of the earlier will. Because Harold did not attack the validity of the earlier will and merely submitted the later instrument, the forfeiture clause did not apply.