A clause in a will threatening to disinherit anyone who challenges the will.

A clause in a will threatening to disinherit anyone who challenges the will.

• A. In terrorem clause
• B. Precatory language
• C. Survival presumption clause
• D. Reciprocal will

Answer: (A)

The main idea tested is the in terrorem clause, a no-contest provision in a will. This type of clause threatens disinheritance or reduction of an inheritance if a beneficiary challenges the will. Its purpose is to discourage litigation or challenges to the testamentary plan, by making beneficiaries think twice before contesting. In practice, such a clause can be enforceable in many jurisdictions, meaning a beneficiary who challenges and loses may forfeit their intended share. However, enforceability can vary, and some contests—such as those alleging fraud, lack of capacity, or undue influence—may be treated differently depending on state law. This isn’t about precatory language, which merely expresses a wish or hope without imposing a duty; nor is it about a survivorship clause, which sets a time requirement for who must survive to inherit; nor about a reciprocal will, which involves mutual terms between spouses. The threatening-to-disinherit mechanism specifically describes an in terrorem clause.

The main idea tested is the in terrorem clause, a no-contest provision in a will. This type of clause threatens disinheritance or reduction of an inheritance if a beneficiary challenges the will. Its purpose is to discourage litigation or challenges to the testamentary plan, by making beneficiaries think twice before contesting. In practice, such a clause can be enforceable in many jurisdictions, meaning a beneficiary who challenges and loses may forfeit their intended share. However, enforceability can vary, and some contests—such as those alleging fraud, lack of capacity, or undue influence—may be treated differently depending on state law.

This isn’t about precatory language, which merely expresses a wish or hope without imposing a duty; nor is it about a survivorship clause, which sets a time requirement for who must survive to inherit; nor about a reciprocal will, which involves mutual terms between spouses. The threatening-to-disinherit mechanism specifically describes an in terrorem clause.