Alaska Statutes
Alaska Stat. § 13.12.517 (2026)
Penalty clause for contest
✓ current as of July 2026
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Sec. 13.12.517. Penalty clause for contest.
Article 6. Establishment of Will and Trust Validity before Death.
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.
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.
Notes of Decisions
Cited in 2
cases, 2017–2018 · leading case: Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018).
Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018). “Such cannot be permitted to stand, and the courts must act so as to prevent this outcome, as the laws of a majority of states explicitly permit.8 7 The language of the in terrorem provision in the August 2013 trust document is very broad and applies even to challenges brought…”
Est. of Seward, 401 P.3d 976 (Alaska 2017). “AS 13.12.517 ("A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.”
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