This article will discuss a proposed statute to apply a no-contest or in terrorem clause to trusts. It will also discuss a recent decision by the highest court of the state on such a clause. We ...
No-contest clauses can be beneficial, but also albatrosses. The existence of a clause itself cannot prevent all challenges or always result in forfeiture when a challenge is asserted. Similar to ...
The Massachusetts Appeals Court has ruled that an estate beneficiary did not trigger the “in terrorem” clause in his father’s will by providing an affidavit that supported his disinherited brother’s ...