IN-TERROREM CLAUSE
Back to GlossaryDefinition
A statement in a will or trust providing that any beneficiary who contests the document or in any way interferes with its operation will forfeit his share. Binding in most states
Summary
An in-terrorem clause is a 'no-contest' provision written into wills and trusts that acts as a deterrent against legal challenges. The term 'in terrorem' means 'in fear' in Latin, reflecting its purpose to frighten potential challengers. If a beneficiary contests the will or trust document, or interferes with its execution, they automatically lose their inheritance. This clause serves to preserve the testator's wishes and reduce family litigation, though its enforceability varies by state and typically requires that the challenging beneficiary have received some meaningful gift that they would lose.
Usage Context
Essential when studying estate planning, will drafting, trust law, and probate litigation. Important for understanding how testators protect their wishes and the balance between preventing frivolous contests and allowing legitimate challenges to invalid documents.
Common Confusions
- Thinking the clause prevents all challenges (some states allow challenges with probable cause)
- Believing it applies to non-beneficiaries (typically only affects those who would lose something)
- Confusing with anti-lapse statutes or other protective clauses
- Assuming all states enforce these clauses equally
- Misunderstanding what actions trigger forfeiture versus legitimate legal proceedings
