In Terrorem Clause

Also known as: No Contest Clause

In one sentence

A will provision that punishes beneficiaries who challenge the will by cutting off their inheritance.

Plain English

This is a clause in a will that says if a beneficiary sues to contest or challenge the will, they lose their inheritance. It's designed to discourage legal fights over the will's validity. However, courts won't enforce this clause if the beneficiary has a good reason to challenge the will, such as evidence of fraud or undue influence.

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Example

A will states: 'If any beneficiary contests this will, they receive nothing.' A son who suspects his father was manipulated into changing the will might still sue anyway, because courts may not enforce the in terrorem clause if he has legitimate grounds.

Used in a sentence

“The in terrorem clause in the will effectively discouraged the disgruntled heir from filing a lawsuit.”

Related terms

Testamentary Capacity

The legal and mental ability required to make a valid will or trust.

Fraudulent Misrepresentation

A deliberate false statement made with intent to deceive and cause harm.

Holographic Will

A will written entirely in the testator's own handwriting without witnesses.

Voidable

A contract that is valid unless and until one party chooses to cancel it.

Reformation

A court rewrites contract terms to match what both parties actually intended.

Lapse

An offer that expires because a deadline passes or too much time has gone by.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.