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Simple English definitions for legal terms

terrorem clause

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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.

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Quillinit
11:57
ah you filed retro W's from classes in UG?
Quillinit
11:58
ah okay, sorry homie that's rough
it's fine i got into one of my top choices so im really happy
Quillinit
11:58
<3 happy for you
getting into cornell is hugeee
ayyyyy
Quillinit
11:59
^^^^^ would love to get into Cornell lmao
Quillinit
11:59
or anywhere!
you got it, believeeee
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@letsseehowitgoesnow: you okay?
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@ KnowledgeableRitzyWasp did u withdraw frm all your classes for two years or just a few? i have 2 W's
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listening to the front bottoms at the gym again ist es over fur mich?
My wife and I saw TFB with manchester orchestra the night before thanksgiving a few years back and it was pretty damn choice
shaquilleoatmeal
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yoo lets dawg what happened, you good?
12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
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