Court Held the Construction of a Will Does Not Violate an In Terrorem Provision

An in terrorem clause is not violated by an action toconstrue a will.  In a declaratory judgment action brought by one of theco-executors, the trial court determined that the testator’s will contained alatent ambiguity.  The will contained an in terrorem clause whichdisqualified any beneficiary who attempted “to contest or otherwise pervert theorderly procedure and distribution set out in the will. 

The court in Strunk v.Lawson, Nos. 2009–CA–001810–MR, 2010–CA–001133–MR, 2010–CA–001195–MR, 2013WL 3835360 (Ky. Ct. App. July 26, 2013), affirmed the trial court’sconstruction of the will.  Additionally,the court concluded that the in terrorem clause was not violated because aconstruction action is not an attempt to annul or vacate any part of thewill. 

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.