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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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10:13
Ахахахах ну давай, добавь меня бро
JumpySubsequentDolphin
10:13
@BulbasaurNoLikeCardio: I’m very confused how would that interfere
10:13
Ща кину свой ник
10:13
Ща кину свой ник
BulbasaurNoLikeCardio
10:14
@babycat: then it sounds like if you get them pierced itll just be a secrete to surprise your future boo with since thy wont be poking out of your shirt
10:14
@jackfrost11770: reynard1 на Дискорде
babycat
10:14
yeah but like is that worth it for me? prob not. I think I like them the way they are
BulbasaurNoLikeCardio
10:15
@JumpySubsequentDolphin: For nose piercing I am thinking the like middle of your nose with the ring kinda thing, think itll like restrict airflow
babycat
10:15
woah you got a word for discord in russian that’s crazy
спасибо 🫡
triplethread
10:15
@BulbasaurNoLikeCardio: My nose is pierced and I run like 10 miles a week im good haha
BulbasaurNoLikeCardio
10:16
@babycat: if you are happy with them they look perfect, and if they are as big as you say I am sure people will still be looking with or without the piercing so you will get attention either way
Dkk
10:16
Closest I get to Russian is Lazy Square's cartoons. Should watch them. All very short cus he is lazy. https://www.youtube.com/watch?v=sGBkneu30Aw
JumpySubsequentDolphin
10:16
@BulbasaurNoLikeCardio: ohhh you mean septum? I think septum is even less painful than a nostril piercing
warning my discord pfp is fun lol and also i haven't changed my username since high school because i didn't feel like it 😭
10:18
LMAO yeah you have a fun pfp
BulbasaurNoLikeCardio
10:20
Yes the septum, so they don't feel weird or mess with breathing/running at all even when flipped in? At limit
snow
10:23
its been a quiet morning so far
LSDFan
10:23
i have no hope for today
JumpySubsequentDolphin
10:24
idk about septums, i only have nostril pierced @bulb
triplethread
10:24
snow i think we will prob hear back from kent the week of dec 1st
10:24
Past 10am and ....nothing
JumpySubsequentDolphin
10:24
I think UCLA a wave today no?
babycat
10:24
🚑
What time have UCLA waves been at
Dkk
10:24
It's only 7:24 AM. We on the west coast control the time.
thismanatemyson
10:25
UCLA please save me
triplethread
10:25
snow if i dont get invited for an honors college interview i might freak
Dkk
10:25
11:22:24 AM PST, wave will come.
triplethread
10:26
dkk are u a boy or a girl
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