Perspective
Nov. 20, 2014
Lawyers need not live in terrorem of no-contest clauses
A "no-contest," or in terrorem (Latin for "in fear"), clause is a provision in a will or trust that threatens to disinherit a beneficiary if they challenge a will or trust in court. By Alex M. Weingarten and Logan M. Elliott
A "no-contest," or in terrorem (Latin for "in fear"), clause is a provision in a will or trust that threatens to disinherit a beneficiary if they challenge a will or trust in court. Such clauses discourage beneficiaries from litigating after the death of a testator. Some states, such as Florida, deem no-contest clauses unenforceable under any circumstances. Others, such as Massachusetts, enforce them ...
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