Estate Planning 101: A Guide to the “in terrorem” Clause

An in terrorem clause is a provision that is put into wills and certain other documents to attempt to reduce the risk of someone challenging it in court. The term comes from the Latin for ‘In Fear” because these clauses can ‘scare off’ anyone who is thinking about filing a challenge against the contract in court. While most wills and other estate planning documents won’t include this type of clause, it is important to understand what it is, and what it means for your case.

How Does an In Terrorem Clause Work?

If someone is worried that a loved one is going to challenge a will in court, they will often include an interrorem clause to try to stop this. This clause could say, for example, that John will get $10,000 from the estate, but if he challenges the will in court, he will get $1, or even nothing at all. This way, if John thinks he deserves more from the estate, he will have to weigh the risks of getting what he wants against getting nothing at all.

Am I Out of Luck if there is an In Terrorem Clause?

NO! While there can be some additional risk to contesting a will or other document that includes an interrorem clause, that doesn’t mean it is never a good idea. Texas courts have the power to throw out this type of clause should someone make a valid claim against the estate. In many situations, it is a good idea to challenge the estate to get what is rightfully yours.

Understanding the Risks

Contesting a will that has an in terrorem clause can be an effective way to respond to an unjust or illegal will. That being said, however, it is also important to remember that should you lose your case, you will typically get less than what you had before filing the suit. This is why it is so important to truly understand not just what this type of clause means, but also how to determine how likely it is that the courts will rule in your favor. This is not a decision you want to take lightly, or one that you want to make without legal assistance.

Seek Qualified Legal Representation

There is no doubt that a document with an in terrorem clause is going to have additional complications that need to be considered before contesting it in any way. If you believe that you deserve more than is listed in the will or other estate planning document, we are here to help. Contact Amsberry Law Firm to go over all your options and discuss what the right move may be in your situation.

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Attorney Russell Amsberry

Attorney Russell J.G. Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]

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The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges.

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