✩ Preuss v. Stokes-Preuss - In Terrorem Clause
Posted: September 16th, 2002 by Gaslowitz Frankel LLCIn this case1, the Georgia Supreme Court clarified the scope of in terrorem clauses in last wills and testaments. An in terrorem clause is a provision in a will that says if someone challenges or objects to the will, he or she cannot receive any bequests or benefits under the will if the challenge is unsuccessful. The purpose of such a clause is to discourage the filing of challenges or objections to a will. In this case, a co-executor of a will sought to remove another co-executor of the will, and the defending co-executor sought to invoke the in terrorem clause. The Supreme Court ruled that the in terrorem clause had no bearing in the case because a lawsuit to remove a co-executor is not the same thing as a lawsuit to challenge the validity or enforceability of a will. The Supreme Court emphasized that a court must look carefully at the language and scope of the specific in terrorem clause being invoked.
1 275 Ga. 437, 569 S.E.2d 857 (2002)
| Related News | Civil Appeals, Firm News, In Terrorem Clause, Representative Cases, Will Disputes, Will and Estate Disputes |
Photograph by 
