IN RE ESTATE OF STEWART

No. 1 CA-CV 11-0499.

286 P.3d 1089 (2012)

In the Matter of the ESTATE OF Thomas J. STEWART, Deceased. Sean Stewart; Stacie Ann Stewart; Andrea Crystal Stewart; Aaron Stewart, Appellees, v. Slade Stewart and Dan Kourkoumelis, as Co-Personal Representatives of the Estate of Thomas J. Stewart; and as Co-Trustees of the Restatement of the Thomas J. Stewart Revocable Living Trust, Respondents/Appellants.

Court of Appeals of Arizona, Division 1, Department A.

As Amended September 28 and October 11, 2012.


Attorney(s) appearing for the Case

Tiffany & Bosco PA by Richard G. Himelrick , David L. Case , Phoenix, and McDermott Will & Emery LLP by David A. Baker , pro hac vice, Chicago, IL, Attorneys for Respondents/Appellants.


OPINION

TIMMER, Presiding Judge.

¶ 1 In this will contest case, we consider whether the superior court properly invalidated on statutory and public policy grounds in terrorem clauses of a will and living trust that serve to disinherit beneficiaries who either challenge the enforceability of testamentary documents or cooperate in any such challenge. For the following reasons, we hold that the clauses are enforceable unless a beneficiary had probable...

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