55-1-48. Circumstances under which no contest clause unenforceable. A no contest clause is not enforceable against a beneficiary to the extent the beneficiary, in good faith and based upon probable cause, contests a provision that benefits any of the following persons:
(1) A person who drafted or transcribed the instrument;
(2) A person who gave directions to the drafter of the instrument concerning dispositive or other substantive contents of the provisions or who directed the drafter to include the no contest clause in the instrument. However, this subdivision does not apply if the settlor affirmatively instructed the drafter to include the contents of the provision or the no contest clause; or
(3) A person who acted as a witness to the instrument.Source: SL 2012, ch 233, § 10.
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