Donald M. Thompson - Wills, Trusts, and Estate Planning

WILLS, TRUSTS, AND ESTATE PLANNING

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In Terrorem Clause

This is language that says if a beneficiary of a will or trust contests the will or trust then any gift in the will or trust to the beneficiary is void. Beneficiaries sometimes contest documents that give them something because they can get more if the document is void.

These clauses are treated in a variety of ways in different states. In Illinois these clauses are theoretically valid and enforceable. However, that is only what the courts have said. The courts, while saying such clauses are valid, have found a variety of ways to say they were not applicable in the particular cases involved.

 

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Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603
Ph: 312-782-0844 * Fax: 312-201-1436 * Email:
donthompsonlaw@sbcglobal.net