Summary of In Terrorem Clauses in Texas

Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) and Benjamin Major (J.D. 2010, Texas Tech University School of Law) recently published their article entitled Are In Terrorem Clauses Still Frightening?, Estate Planning Developments for Texas Professionals, July 2009. The abstract available on SSRN is below:

This article offers a brief history of how beneficiaries were frightened by the dead into not challenging testamentary instruments. A summary of Texas jurisprudence regarding enforcement of in terrorem clauses and exceptions to their enforcement follows along with a discussion of the intent behind HB 1969’s passage and the ways, if any, that HB 1969 changes Texas law regarding the enforcement of in terrorem clauses and exceptions to that enforcement. The article also discusses potential techniques that testators and settlors in Texas may use in their attempt to circumvent HB 1969’s limits on in terrorem clause enforcement.