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Learn about in terrorem provisions in estate planning - clauses that discourage beneficiaries from contesting wills or trusts by threatening to forfeit their...
If you contest a will containing an in terrorem provision and lose the challenge, you typically forfeit your entire inheritance under that will. These clauses are designed to discourage frivolous contests by creating financial consequences for unsuccessful challenges. However, many states have exceptions that allow contests based on forgery, lack of capacity, or undue influence without triggering the forfeiture. The enforceability varies by state, and some jurisdictions don't recognize these provisions at all.