Legal Memorandum: Effect of a "No Contest" Provision in a Will

Issue: Under Wisconsin law, what is the effect of a ‘no contest’ provision in a will?

Area of Law: Estate Planning & Probate
Keywords: "No contest" provision; A will; Governing instrument
Jurisdiction: Wisconsin
Cited Cases: None
Cited Statutes: Wis. Stat. § 854.19
Date: 02/01/2000

This issue is governed by statute:


A provision in a governing instrument that prescribes a penalty against an interested person for contesting the governing instrument or instituting other proceedings relating to the governing instrument may not be enforced if the court determines that the interested person had probable cause for instituting the proceedings.

Wis. Stat. § 854.19.


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