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ID S1047

Bill

Status

Introduced

1/25/2011

Primary Sponsor

Unknown

Origin

Senate

2011 Regular Session

AI Summary

  • Adds new section 15-1-502 to require Idaho courts to enforce no-contest clauses in trusts and wills, with specified exclusive exceptions that the court cannot modify.

  • Allows settlors and testators to define conduct triggering loss of benefits, including conduct beyond formal court actions such as civil litigation, interference with trust administration, or efforts to frustrate powers of attorney.

  • Prohibits no-contest clauses from reducing or eliminating beneficiary shares when the beneficiary seeks only to enforce trust or will terms, enforce legal rights, or obtain court rulings on the document's construction or validity.

  • Prevents no-contest clauses from penalizing beneficiaries who institute good faith legal actions with probable cause to invalidate a trust, will, or related instrument.

  • Repeals section 15-3-905 relating to penalty clauses for contest and applies the new provisions to all existing trusts and wills regardless of creation date.

Legislative Description

Adds to and repeals existing law relating to the Uniform Probate Code to provide for enforcement of no-contest clauses, exceptions and conditional provisions.

UNIFORM PROBATE CODE

Last Action

Ret'd to Jud

2/10/2011

Committee Referrals

Judiciary and Rules1/26/2011

Full Bill Text

No bill text available