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Is There Terror In 'In Terrorem' Clauses - And For Whom?

Is There Terror In 'In Terrorem' Clauses - And For Whom?
Product Code - TMAU96
Speaker(s): Marc Bekerman, Lauren Wolven
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In many jurisdictions, in terrorem (or ‘no contest’) clauses are an acceptable method in limiting the behavior of certain beneficiaries. Typically, an in terrorem clause is used to discourage a contest to the probate of a Will through the threat of complete disinheritance if the failure is unsuccessful. However, it is possible that an in terrorem clause can influence the conduct of beneficiaries long after the admission of a Will to probate.

This live webinar will focus on the background of in terrorem clauses, the practical aspects of in terrorem clauses and how they can be implemented as part of an overall estate plan, the drafting of such clauses, and special considerations and issues in the use of in terorrem clauses.

Presentation Objectives:

The objectives of this 60-90 minute audio discussion include providing participants with a conceptual understanding and practical application of the following:

• When the use of an in terrorem clause may be permitted.

• When to consider the use of an in terrorem clause as part of an estate plan.

• What can be achieved in using an in terrorem clause.

• Issues relating to the drafting of in terrorem clauses.

• Considerations in use of an in terrorem clause as part of an estate plan.

• Administering estates and trusts where an in terrorem clause is present in the documents.


Upon completion of this program, participants will be able to:

• Determine whether the use of an in terrorem clause is an appropriate strategy for a client.

• Understand and recognize issues relating to the drafting of in terrorem clauses.

• Understand the impact of an in terrorem clause on the planning and administration of estates and trusts.

Marc Bekerman, Lauren Wolven

Marc S. Bekerman is a solo practitioner who devotes substantially all of his practice to trusts and estates. Marc is also an adjunct professor at New York Law School where he was formerly the Associate Director of the Graduate Tax Program.

Marc received his Bachelors of Arts in Mathematics from the State University of New York at Binghamton, his Juris Doctor from Fordham University School of Law, and his Masters of Laws in Taxation from New York University School of Law. Marc is admitted to practice in New York, New Jersey and California, as well as several federal courts including the United States Tax Court.

Marc is a member of the Tax Management Estates, Gifts and Trusts Advisory Board for the Bureau of National Affairs. Marc currently serves on the Council of the Real Property, Trust and Estate Law Section of the American Bar Association, as co-chair of its standing committee on Community Outreach, as co-vice chair of its standing committee on Communications, as a member of its standing committee on Continuing Legal Education, and as a member of its advisory committee for the Skills Training for Estate Planners program. Marc is also a member of the New York State Bar Association’s Standing Committee on Legal Education and Admission to the Bar.

Marc has published articles in numerous publications, including BNA Tax Management Estates Gifts and Trusts Journal, Probate & Property, Estate Planning and The Practical Lawyer. He is a frequent lecturer for BNA Tax Management, American Bar Association, New York State Bar Association, New York County Lawyers Association, Suffolk County Bar Association, Practicing Law Institute, and other professional organizations on a variety of topics related to trusts and estates.



Lauren J. Wolven is a partner in the Wealth Protection Group of the Chicago law firm Horwood Marcus & Berk Chtd. She concentrates her practice on estate planning, wealth protection, estate and trust administration, tax and succession planning for privately held businesses, and trust and estate litigation. Prior to rejoining Horwood Marcus & Berk in 2009, Lauren spent two years as the regional head of trust and wealth advisory services for a financial services institution.

Lauren has become known as a frequent lecturer and author on a variety of estate planning and trust administration topics. She is the co-author of two BNA portfolios, “Estate Planning for Unmarried Adults” and “Managing Litigation Risks of Fiduciaries,” part of BNA’s Tax Management Portfolio series. She has authored a third portfolio tentatively titled “Drafting Considerations for Intergenerational Wealth Transfer” and currently being edited for publication. Lauren also has been published in the ACTEC Journal and in Estate Planning, among others. Her speaking engagements have included presentations for ALI-ABA, the American Bar Association Section of Real Property, Probate and Trust Law, the Illinois Institute for Continuing Legal Education, the Chicago Bar Association, and the Duke Estate Planning Conference.

Lauren is on the Board of Directors of the Illinois Institute for Continuing Legal Education and the Board of Directors of the Chicago Estate Planning Council. She has served several terms on the Executive Committee of the Chicago Bar Association Trust Law Committee. She was named by Chicago Lawyer as one of the “40 Under 40” in 2010, and was listed by SuperLawyers as an Illinois Rising Star for 2010 and 2011.Lauren received her B.A. in Spanish with high honors from Indiana University, where she was a Wells Scholar and was elected to Phi Beta Kappa. Lauren received her J.D. magna cum laude from the University of Illinois College of Law. She is admitted to practice law in Illinois.