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Monthly Archive for October, 2009

Can “Forfeiture” Clauses in Wills be Successfully Challenged?

Forfeiture clauses, also known as in terrorem clauses, are most effective when the person whom the testator (the person making the will) is most concerned about challenging the will has something to lose by making the challenge. As an example, if the testator says “I’m leaving black sheep son $1.00 and includes a forfeiture clause in his will, the net effect is that the only amount black sheep son has to lose by making a challenge is the $1.00 that was left to him. If he successfully challenges the will, he may get whatever share he might have had if the will did not exist (the share due him as a blood relative under the Texas laws of intestacy.) However, if black sheep son loses his challenge, then he will have lost only $1.00.

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