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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/respdt0057 and id is 1 raw text is: PROPERTY 2D: DONATIVE TRANSFERS DIVISION I. SOCIAL RESTRICTIONS IMPOSED UPON THE CREATION OF PROPERTY INTERESTS BY DONATIVE TRANSFERS PART IV. RESTRAINTS ON INTERFERENCE WITH TRANSFEROR'S DISPOSITIVE PLAN CHAPTER 9. RESTRAINTS ON CONTESTS AND RESTRAINTS ON ATTACKING FIDUCIARIES § 9.1 Restraints on Contests Colo.App.2016. Com. (j) quot. in case quot. in sup. In probate proceedings, personal representative of decedent's estate filed a motion to enforce the incontestability provision in decedent's will against an heir of decedent, alleging that, because heir had contested the validity of decedent's will and trust, she could no longer be considered a beneficiary of either the will or trust. The trial court issued an order enforcing the clause as to the will only, finding that, although heir had probable cause to challenge the trust, she lacked probable cause to challenge the will and thus could no longer inherit under it. Affirming that portion of the decision, this court held that there was no evidence of probable cause to challenge the will. The court noted that, under Restatement Second of Property: Donative Transfers § 9.1, in the context of wills, probable cause was the existence, at the time of initiation of the proceeding, of evidence that would lead a reasonable person, properly informed and advised, to conclude that there was a substantial likelihood that the contest or attack would be successful. In re Estate of Sandstead, 412 P.3d 799, 810. For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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