An in terrorem clause is a provisions in awill that result in a forfeiture if the will is contested. These types ofprovisions are narrowly construed. Recently, the Georgia Supreme Court wasfaced with answering the question if the phrase “entire interest” inan in terrorem provision includes bequests given in a residual clause. Charles Nortonleft his property to his daughters Lisa and Beth. Both girls were claiming thattheir father was unduly influenced when the will was drafted. The unsuccessfulclaim resulted in the in terrorem clause to be enacted and the share that each daughterwas left to be forfeited. The girls brought an action claiming that even thoughthe in terrorem provision was enacted it did not affect the ability for thegirls to inherit from the residuary clause in the will.
In Norton v. Norton, the Georgia SupremeCourt held that the phrase ” entire interest” could not be morenarrowly construed. The court reasoned that the language in the In Terroremprovision was clear and indicated that any claim against the will would resultin forfeiture.
See Luke Lantta, Georgia Supreme Court Construes Scope Of In Terrorem Clause, Bryan Cave Fiduciary Litigation, Jun. 25, 2013.
