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. Formerly: Acts 1953, c.112, s.602. As amended by P.L.136-2018, SEC.215; P.L.163-2018, SEC.4; P.L.215-2018(ss), SEC.13.
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