75-7-112 - Penalty provisions.

75-7-112. Penalty provisions.
A provision in a trust instrument purporting to penalize a beneficiary by charging thebeneficiary's interest in the trust, or to penalize the beneficiary in another manner, for institutinga proceeding to challenge the acts of the trustee or other fiduciary of a trust, or for institutingother proceedings relating to the trust is unenforceable if probable cause exists for instituting theproceedings.

Enacted by Chapter 89, 2004 General Session