Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, April 27, 2009

Action for accounting and removal of executor is not a challenge to will

Georgia The testator’s will contained an in terrorem clause applicable to any beneficiary who contests the validity of the will whether or not in good faith and with or without probable cause.

In Sinclair v. Sinclair, 670 S.E.2d 59 (Ga. 2008), the court held that a beneficiary is entitled to ask for a declaratory judgment to determine whether a proposed course of action would violate an in terrorem clause and that because an action for an accounting and removal of the executor is not a challenge to the validity of the will, the action did not violate the in terrorem clause.

https://lawprofessors.typepad.com/trusts_estates_prof/2009/04/action-for-accounting-and-removal-of-executor-is-not-a-challenge-to-will.html

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