Which term describes a clause that threatens disinheritance for challenging a will?

Which term describes a clause that threatens disinheritance for challenging a will?

• A. Survival presumption clause
• B. In terrorem clause
• C. Precatory language
• D. Anti-lapse clause

Answer: (B)

An in terrorem clause, also known as a no-contest clause, is a provision in a will that threatens disinheritance or forfeiture if someone challenges the will. Its purpose is to discourage probate contests by tying the beneficiary’s potential inheritance to their agreement not to contest. If a challenge is pursued and the court does not side with the challenger, the clause can lead to losing the gift or being cut off from the estate. Some jurisdictions enforce no-contest clauses strictly, while others may carve out contests based on legitimate grounds like lack of capacity or undue influence. Survival clauses require a beneficiary to outlive the testator to receive a gift, not a penalty for contesting. Anti-lapse clauses prevent gifts from failing if a beneficiary dies before the testator, typically by passing to the beneficiary’s issue. Precatory language expresses wishes rather than creating binding duties, so it doesn’t function as a penalty for challenging the will.

An in terrorem clause, also known as a no-contest clause, is a provision in a will that threatens disinheritance or forfeiture if someone challenges the will. Its purpose is to discourage probate contests by tying the beneficiary’s potential inheritance to their agreement not to contest. If a challenge is pursued and the court does not side with the challenger, the clause can lead to losing the gift or being cut off from the estate. Some jurisdictions enforce no-contest clauses strictly, while others may carve out contests based on legitimate grounds like lack of capacity or undue influence.

Survival clauses require a beneficiary to outlive the testator to receive a gift, not a penalty for contesting. Anti-lapse clauses prevent gifts from failing if a beneficiary dies before the testator, typically by passing to the beneficiary’s issue. Precatory language expresses wishes rather than creating binding duties, so it doesn’t function as a penalty for challenging the will.