A Real Scary In Terrorem Provision

A man died in 2003.  He had no close family members so he left his entire estate to various friends.  But, he did want to scare off any heirs who may try to get a portion of his estate.

A normal in terrorem clause would not work because he was not naming any of the heirs as beneficiaries and thus a contestant would have nothing to lose if he or she was unsuccessful.

Consequently, the testator included the following provision in his will:

I take a solemn and holy vow that, if at all possible, I will pursue [anyone who contests this will] in the darkest hours of the night.

I warn you, in the strongest possible terms not to try any nonsense.

A half-sister contested the will.  She won because contrary to a requirement under local law (Norway), the witnesses did not know they were witnessing a will.  In other words, this jurisdiction required “publication.”