Home - Blank Rome LLP

Register to receive insights and analyses on breaking news and trends across varying industries.
<a class="link-primary mt-4" href="/subscribe">Subscribe</a>

Philadelphia, PA

New York, NY

Wilmington, DE

Cincinnati, OH

Princeton, NJ

Los Angeles, CA

Houston, TX

Tampa, FL

Shanghai

South Florida

Pittsburgh, PA

Washington, D.C.

Chicago, IL

Orange County, CA

Dallas, TX

Boston, MA

Unfortunately, including an&nbsp;in terrorem&nbsp;(“no contest”) clause in your Will does not make it impenetrable under New York law.

core/paragraph

Although New York law recognizes&nbsp;in terrorem&nbsp;clauses as valid, they are narrowly construed by the courts. An&nbsp;in terrorem&nbsp;clause in a Will threatens that if a beneficiary challenges the Will, such beneficiary (and, typically, all of his or her descendants) will be treated as if he or she predeceased the testator, thereby disinheriting the beneficiary. The purpose of an&nbsp;in terrorem&nbsp;clause is to discourage litigation and ensure that the testator’s intentions are carried out.

Regardless of how well drafted a Will’s&nbsp;in terrorem clause&nbsp;is, the conditions that trigger forfeiture are limited by statute in New York. New York Estates, Powers and Trusts Law (“EPTL”) 3-3.5(b) sets forth a non-exhaustive list of exceptions where an in terrorem clause will not be triggered by a beneficiary’s actions regardless of the terms of the&nbsp;in terrorem&nbsp;clause.

To read the full post, please visit our&nbsp;<a href="https://futurewealthnavigator.com/2023/12/05/no-one-can-contest-a-new-york-will-if-it-includes-an-in-terrorem-clause-right-right/">Future Wealth Navigator</a>&nbsp;blog.

Trusts & Estates

Blog Post

Publications

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

Offices

Stay Connected

Slide Menu

Slide Search

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

Offices

Stay Connected