An “In Terrorem” clause in your Will and Trust is an often disregarded or misunderstood clause within estate planning documents. This clause can be used to diminish potential family disputes. Emotions surrounding death often ‘fan the flames’ when families grieve the loss. “In Terrorem” clauses used with this in mind are a useful tool in controlling your family’s peace and serenity during the grieving process. Wouldn’t you like to plan to minimize any disruptions for your family?
Understanding the In Terrorem Clause: Protecting Your Will and Trust
This is how it works. An In Terrorem clause, commonly referred to as a “No Contest” clause, is designed to make a potential beneficiary think twice before challenging the Will or Trust that you have designed based on your wishes for your family. Should they initiate a challenge of your will or clause through the courts, they run the risk of losing any potential inheritance from your estate.
Maintaining Family Harmony and Preventing Estate Challenges
Family harmony is the primary goal of most people planning their estate. The secondary is to deter frivolous or malicious challenges, helping to ensure that the decedent’s wishes are carried out as intended. Lastly, planning to lessen the chances for potential challenges to your estate documents may result in beneficiaries receiving a greater inheritance. The estate will save thousands by preventing a lengthy Court battle and large attorney fees.
The Importance of Properly Drafting an Enforceable In Terrorem Clause
An attorney must carefully draft an “In Terrorem” clause to be enforceable in Court. However, a challenge may be advantageous when unforeseen circumstances arise long after a decedent’s estate plan is drafted. These are things to consider when you are estate planning.
Start Your Estate Planning Journey In Lynn, MA With Attorney Bucklin
In conclusion, an “In Terrorem” clause is an important part of your estate planning. Drafted by an attorney with a clear understanding of the implications of this clause, your documents can be strategically put in place to ensure your goals after you are gone. Ensure your wishes are honored and protect your estate with a carefully drafted In Terrorem clause. Contact Attorney Bucklin to begin securing your legacy. Get a free consultation by filling out our online contact form or calling him at 781-632-8675.
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