In terrorem clauses—often called no‑contest clauses—are provisions in estate planning documents that seek to deter beneficiaries from challenging a will or trust by conditioning their inheritance on non‑interference. Although the idea is straightforward, the legal effect of an in terrorem clause is highly context‑dependent and often misunderstood.
Whether a no‑contest clause is enforceable, what conduct may trigger forfeiture, and how courts interpret such clauses depends on drafting choices, statutory limits, and the interaction between wills, trusts, and probate procedure. In practice, these clauses raise recurring questions about access to discovery, the scope of protected beneficiary conduct, and the tension between honoring donative intent and ensuring that only valid instruments are enforced.
This hub brings together explanatory articles addressing how in terrorem clauses work, where they commonly appear, what they can and cannot accomplish, and when their inclusion may be helpful—or counterproductive—in an estate plan. It also collects statutory materials and case law illustrating how courts apply no‑contest clauses in real disputes, particularly in modern estate plans that rely on revocable trusts and pour‑over wills.
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