Saturday, 25 April 2015

Is the following a common wording in a trust: Contest Provision. If any persons attempts to contest or opposes the validity of this agreemen...

Question

Is the following a common wording in a trust: Contest Provision. If any persons attempts to contest or opposes the validity of this agreement, that that person will forfeit his or her share, cease to have any rights orinterest in the trust property and will for purposes of this agreement, be deemed to havepredeceased me.

Does the grantor have this included or the lawyer or the trustee.



Answer

This is what is referred to as an 'in terrorum' clause, and they are quite common.



Answer

It is usually included in larger trusts and is fairly common. Some attorneys recommend or suggest it and sometimes clients request it.



No comments:

Post a Comment