What happens to a provision in a will that aims to penalize an interested person for contesting it?

A provision in a will that seeks to penalize an interested person, typically through a forfeiture clause, is generally considered unenforceable if there is probable cause for contesting the will. This means that if an interested party has legitimate grounds to challenge the validity of the will—for instance, due to issues such as lack of testamentary capacity, undue influence, or improper execution—the court will recognize that their challenge is reasonable. As a result, enforcing a penalty against them for bringing such a challenge would be unjust.

The rationale behind this includes the principle that individuals should not be discouraged from contesting a will when they have valid reasons to believe it is not a true reflection of the deceased's wishes or legal intentions. This balance protects the integrity of the testamentary process while also allowing heirs or beneficiaries to raise legitimate concerns without the fear of repercussions.

In contrast, provisions that impose penalties for contesting a will could lead to a chilling effect, preventing rightful heirs from seeking justice, and thus courts are inclined to invalidate such provisions when probable cause is established.