What is the purpose of safe harbor in no-contest provisions?

• A. Provides preliminary discovery for a contest.
• B. Excludes safe-harbor by testator's explicit waiver.
• C. Allows no-contest clause to be ignored entirely.
• D. Requires immediate probate.

Answer: (A)

Safe harbor in a no-contest provision is designed to let a potential contest gather information it needs to decide whether there is a legitimate basis to challenge the will without automatically triggering the penalty of the no-contest clause. It provides limited, preliminary discovery rights so the contestant can obtain estate records, financial statements, and other relevant materials to assess grounds like fraud, undue influence, or lack of capacity. This balances the estate’s interest in deterring frivolous challenges with the contestant’s right to information needed to evaluate their rights. The other options miss this core purpose: safe harbor isn’t simply waiving or ignoring the clause, nor does it require immediate probate.