The Use of In Terrorem Clauses in Wills

The number of wills contested annually is steadily growing, and in an attempt to curb this activity, some people choose to attach an in terrorem clause (sometimes known as a no-contest clause) to their will in hopes of keeping it unchallenged.

The phrase in terrorem is Latin for “in [order to] frighten”. An in terrorem clause can be attached to an individual’s will to “frighten” heirs away from contesting the will by either disinheriting or severely limiting the shares of anyone who disputes it.

So in theory, if a man attaches an in terrorem clause to his will and his daughter decides to contest the validity of the will, she will receive no share (or only a small fraction of a share) of the inheritance.

However, the clause itself is not a guarantee that heirs will not dispute the validity of the will, nor is it a 100% guarantee that the clause will truly disinherit any heirs who contest it. Since the in terrorem clause is a part of the will itself, should the will be overturned in court, the entire will (or whatever part is contested) becomes invalid, including the in terrorem clause, rendering it useless.

The effectiveness of an in terrorem clause also varies from state to state and in some places, such as New York, the clause is seen to be completely unnecessary.

If you or someone you know needs assistance in drafting or updating a will, call an Austin probate lawyer from Slater & Kennon, LLP at 512-472-2431 today.