Where Does an In Terrorem Clause Appear?

An in terrorem clause may appear in different estate planning documents, depending on how an estate plan is structured.

Most commonly, an in terrorem clause appears in a will, a trust, or in both documents.

In traditional estate plans, the clause is often found in the will. In more modern plans, where a revocable trust contains the substantive terms of the estate plan, the in terrorem clause is frequently placed in the trust instead.

The location of the clause is a drafting choice, and its placement can affect how and when the clause becomes relevant.