Utilizing An In Terrorem Provision In A Last Will And Testament

An in terrorem is a Latin word meaning “in fear”.  It refers to a provision within a Decedent’s Will to disinherit a beneficiary if he or she challenges the Will in any way.  Instead of a beneficiary receiving what he or she may have been entitled to within the Will, the individual will receive nothing, due to challenging the Will.  He or she will essentially have forfeited any inheritance they were entitled to.  This provision is intended to dissuade a person from contesting a Decedent’s Will.  Further, an in terrorem provision is strictly construed by the courts.

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