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Sec. 2. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.
(b) Subsection (a) does not apply to the following proceedings:
(1) An action brought by a beneficiary if good cause is found by a court.
(2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.
(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.
(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.
(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.
(6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.
(7) An action brought by the attorney general that:
(A) seeks a ruling regarding the construction or interpretation of:
(i) a will containing a charitable trust or charitable bequest; or
(ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or
(B) institutes any other proceedings relating to:
(i) an estate; or
(ii) a trust;
if good cause is shown to do so.
Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-1-6-2 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-6-2.html
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