Are In Terrorem Clauses Still Frightening?

Date

2010-07

Authors

Beyer, Gerry W.
Major, Benjamin

Journal Title

Journal ISSN

Volume Title

Publisher

Abstract

This article discusses the history of in terrorem clauses and the enforcement of in terrorem clauses in Texas. Next, the author discusses the intent of the passage of HB 1969 and how it may change the enforcement of in terrorem clauses in Texas. Techniques are given in which Texas testators and settlors may try to avoid limits imposed by HB 1969 on in terrorem clause enforcement.

Description

Keywords

wills, trusts, in terrorem, no contest, Texas, estate planning, forfeiture, H.B. 1969, HB 1969

Citation

Gerry W. Beyer & Benjamin Major, Are in Terrorem Clauses Still Frightening?, Est. Plan. Dev. for Tex. Prof. (July 2010).