Allegation of forgery does not trigger forfeiture under in terrorem clause

This link from the Wills, Trusts & Estates Prof Blog September 7:

The testator’s will included a no-contest clause which mandated a forfeiture by the recipient of a bequest to be distributed among two or more persons if the beneficiary disputes the executor’s decision on how to make distribution of specific bequests.

Two beneficiaries applied to contest the will based on an expert determination that the testator’s signature was a forgery.

In Harrison v. Morrow, No. 1060300, 2007 WL 1953896 (Ala. July 6, 2007), the court held that the no-contest clause applies only to challenges to the executor’s decisions about the distribution of specific bequests and not to a contest of the will itself.

The right decision I think.

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