In Terrorem Clauses: Under What Circumstances Are They Triggered?

Authors

Elizabeth MarcuccioFollow

Publication Date

Spring 8-1-2023

Abstract

When an in terrorem or "no contest" clause is included in a last will and testament or trust, its purpose is to protect the wishes of the testator or grantor from being challenged. Regrettably, appointed fiduciaries have used these clauses as a means to threaten beneficiaries with disinheritance if the beneficiaries question the fiduciary's administrative actions or lack thereof. This article analyzes the various circumstances under which an in terrorem clause will be triggered under New York state law.

Recommended Citation

Marcuccio, Elizabeth (2023) "In Terrorem Clauses: Under What Circumstances Are They Triggered?," North East Journal of Legal Studies: Vol. 43, Article 4.
Available at: https://digitalcommons.fairfield.edu/nealsb/vol43/iss1/4