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When an In Terrorem Hits the Interstate

Enforcing no-contest clauses across state lines.

In terrorem, or no-contest, clauses in estate-planning instruments have been the subject of much discussion and debate, including in this publication. Because such clauses carry with them the threat of forfeiture, and because equity abhors a forfeiture, in terrorem clauses also have caught the attention of legislative bodies. An article in the November 2020 issue of this journal canvasses the differing approaches taken by states to the enforcement of in terrorem clauses,

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