1. A. A provision in a will or trust that would cause a forfeiture of or void a devise or provision in favor of a person for bringing a court action contesting a will or trust, shall be enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that:

   1. 1. Just cause existed for bringing the action; and
   2. 2. The action was brought and maintained in good faith.
2. B. Forfeiture clauses generally shall not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary’s duties, seeking redress against a fiduciary for a breach of the fiduciary’s duties, or seeking a judicial construction of a will or trust.

Laws 2026, SB 2104, c. 414, § 5, eff. November 1, 2026.