Legal Question in Wills and Trusts in New York

Re: Objecting or contesting will

Commonly known as an "in terrorum" clause, this language is frequesntly used in Wills to avoid a Will contest. It is enforceable by the Courts. However, if there is merely a question of interpretation, not a contest, this clause should be ignored.

Re: Objecting or contesting will

My condolences on your loss. My own mother is 77 and this day is coming for me as well.

This is a standard clause in a will. The court will respect this clause. However, you may still bring an action to "interpret" the will in an alternate way without triggering this clause.

That way you are not contesting the will, but only contesting the executor's interpretation of the will.

This kind of hair-splitting, technical analysis is what lawyers do.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: Objecting or contesting will

Yes. Absolutely it's a legal clause. Of course if you believe you have valid grounds for contesting the will (strongly believe I should add), you still can contest the will. If you're grounds are proven, then the will, along with the clause is knocked out and the estate would be distributed as if the deceased died intestate.

Of course if you're wrong, and the will is upheld as valid, any provision you may have received under the will is forfeited.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Objecting or contesting will

Such clauses have been upheld by Surrogates Courts as legal and enforceable.