Minnesota Will Penalty Clause

Minnesota Will Penalty Clause

Minnesota Will Penalty Clause

A Minnesota Will penalty clause may be written similar to the following:

If any person attempts to contest the validity of this Will, such person shall receive nothing from my estate.

When is a Minnesota Will Penalty Clause Unenforceable?

A Minnesota Will penalty clause which attempts to penalize an interested person for contesting the legitimacy of either:

  • the entire Minnesota Will, or
  • some provision thereof relating to the estate,

is unenforceable if probable cause exists for commencing such a contest.

Minnesota Will Penalty Clause – Statutory Provision

M.S. Section 524.2-517 provides in part as follows:

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.

Minnesota Will Penalty Clause – Probable Cause

In other words, if there is a legitimate justification for alleging that a Minnesota Will was signed:

  • under duress,
  • due to undue influence, or
  • by a person who did not have the testamentary capacity to make a Will,

a Minnesota Will penalty clause may be unenforceable.

Minnesota Will Penalty Clause – Conclusion

Please contact Minnesota Attorney Gary C. Dahle for assistance with the review of any Minnesota Will penalty clause, or the preparation or probate of any Minnesota Will.

Copyright 2018 – All Rights Reserved.

No claim to original government works.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390     Fax: 763-780-1735

[email protected]

Minnesota Probate Law Topics

Minnesota Estate Planning

Minnesota Real Estate Law

North Dakota Probate, Mineral Rights, and Real Estate

In addition to Minnesota Probate Law, Attorney Gary C. Dahle also provides services with respect to North Dakota probate law.

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota Wills involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney, or retain an attorney of your choice.

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