William A. Winningham Executor of the Estate of Alston Winningham v. Tammy K. Winningham - Concurring

We are called upon in this appeal to determine whether relying on the advice of an attorney in filing an unfounded will contest constitutes probable cause sufficient to avoid the enforcement of a forfeiture clause in the will. For the reasons set forth below, we find that such reliance does constitute probable cause, and reverse the judgment of the trial court.