(in tehr-roar-em)n. from Latin for "in fear," a provision in a will which threatens
that if anyone challenges the legality of the will or any part of it, then that
person will be cut off or given only a dollar, instead of getting the full gift
provided in the will. The clause is intended to discourage beneficiaries from causing
a legal ruckus after the will writer is gone. However, if the will is challenged
and found to be invalid (due to lack of mental capacity, undue influence or failure
to have it properly executed), then such a clause also fails. So a prospective challenger
takes his/her chances. The courts have ruled that merely putting in a claim for
moneys due from the estate is not a legal challenge to the will itself and is permissible
without losing the gift.
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