Estate of Behle

Citations

• 966 N.W.2d 551
• 2021 ND 199

Syllabus

A defect in the application for probate of a will does not render the probate void. Summary judgment is appropriate in an undue influence claim if the non-moving party's opposition is not supported with admissible evidence showing a genuine issue for trial. The plain language of N.D.C.C. § 28-26-01(2) requires courts in civil actions to award costs and fees upon a finding a claim for relief was frivolous, providing the prevailing party pled the alleged frivolousness of the claim. Section 28-26-31, N.D.C.C., authorizes attorney's fees if allegations and denials in any pleading are not made without good faith and reasonable cause.