Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

terrorem clause

Read a random definition: Ruling

A quick definition of terrorem clause:

A terrorem clause, also known as a no-contest clause, is a condition in a will that says a beneficiary cannot challenge the provisions of the will. If the beneficiary does challenge the will, they will lose their inheritance. These clauses are meant to discourage challenges to a will, but they are subject to strict rules. Some jurisdictions have exceptions to these clauses, such as if the beneficiary has probable cause to challenge the will or if the will contains directions for how property will be allocated if the clause is violated. Courts will interpret the will as a whole to determine the intent of the testator, and a challenge to a will may still succeed if it is consistent with that intent.

A more thorough explanation:

A terrorem clause, also known as a no-contest clause, is a provision in a will that discourages beneficiaries from challenging the will's provisions. The clause imposes a condition on the beneficiary that they will not dispute the will's provisions. If the beneficiary violates the clause, they may lose their inheritance or interest in the estate.

For example, if a will includes a terrorem clause and a beneficiary challenges the will's validity, the clause may revoke their inheritance. However, the enforceability of terrorem clauses varies by jurisdiction and may be subject to strict construction.

In some states, such as New York, terrorem clauses that attempt to prevent a beneficiary from questioning the eligibility or conduct of a fiduciary will not be enforced because it goes against public policy. In Michigan, terrorem clauses are limited in power and may not be enforced if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

Some jurisdictions have established a probable cause exception to terrorem clauses. For example, California courts may decline to enforce terrorem clauses where the beneficiary challenging the will acted in good faith and had probable cause for the challenge. Probable cause is defined as the existence of evidence that would lead a reasonable person to conclude that there is a substantial likelihood that the contest or attack will be successful.

In deciding the enforceability of terrorem clauses, courts will interpret the will as a whole to ascertain the intent of the testator. As a result, a challenge to a will, even in the face of a terrorem clause, will succeed if the challenge is consistent with the intent of the testator in drafting their will.

Territorial jurisdiction | Terrorism

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
LSD+ is ad-free, with DMs, discounts, case briefs & more.