In February 2010, Thomas Stewart died in an accident. He was survived by five adult children. In

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In February 2010, Thomas Stewart died in an accident. He was survived by five adult children. In 2007, Stewart executed a will and trust that explicitly excluded one of his sons, Sean Stewart, from receiving any interest in the estate. The will and trust contained so-called in terrorem clauses which provided that any beneficiary who contested the will or trust or cooperated or aided another in making any such contest would forfeit his or her share. Sean sought to invalidate the will and trust. Sean also sought to invalidate the in terrorem clauses. Sean contended that the clauses impeded his ability to conduct discovery by prohibiting his siblings from cooperating or aiding him in contesting the will and trust. Sean also argued that such clauses violate public policy. Do such clauses violate public policy, or do they serve an important purpose by discouraging often groundless litigation by disappointed heirs?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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