Michigan Compiled Laws
Mich. Comp. Laws § 700.2518 (2026)
Penalty clause for contest.
✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2518 Penalty clause for contest.
Sec. 2518.
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.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPICNotes of Decisions
Cited in 3
cases, 2008–2018 · leading case: In Re Mary E Griffin Revocable Grantor Trust, 760 N.W.2d 318 (Mich. Ct. App. 2008).
In Re Mary E Griffin Revocable Grantor Trust, 760 N.W.2d 318 (Mich. Ct. App. 2008). “Although MCL 700.2518 does not apply to trusts, we conclude that it reflects this state's public policy that a no-contest clause in a trust agreement is unenforceable if there is probable cause for challenging the trust.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “The Michigan Legislature has enacted MCL 700.2518 and MCL 700.3905, 3 both of which restrict the enforceability of an in terrorem clause contained in a will when an interested person has “probable cause” to challenge the will or institute another proceeding relating to the…”
Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018). “9 For these reasons, I would vacate the judgment of the trial court and remand the case for a determination of whether the Appellants have violated the in terrorem clause by contending that the August 2013 trust document does not reflect the true intent of the settlor, and if…”
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