kemmel said:
CT State law on holographic wills
Are "in terrorem" clauses in a will enforceable
My response:
An "In terrorem" clause in a Will is a provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate, and is unenforceable if probable cause exists for instituting proceedings. Most jurisdictions, therefore, decline to enforce an in terrorem clause in a will or trust agreement where there is probable cause to challenge the instrument.
As examples of such a clause, a testator might say something like:
"If any person should challenge this Will in any respect, I bequeath only $1.00 to that person, or to each of those persons, so challenging and that / those person's share of my Estate shall and will be divided amongst the rest of my heirs in equal parts."
or,
"I really disliked my son Robert. He is a cheater in business, and I believe he cheated me. Therefore, and despite the fact that Robert would otherwise be entitled to a 1/5 share of my Estate, I bequeath only the sum of $1.00 to him, and I want Robert's share of my Estate to go to Martha, my lovely and kind daughter."
You really should speak to a Connecticut Probate attorney for specific advice in this respect. There are certain exceptions to such clauses, and a skillfully drafted one in a Will just might withstand testing. The only way to know that, for sure, is to show the actual clause to a Probate Attorney.
IAAL
[Edited by I AM ALWAYS LIABLE on 07-08-2001 at 02:29 AM]
