subject: Interrorem Clauses [print this page] In a few states, which are in the minority, the English "in terrorem" rule has been adopted and if the condition attached to a gift is such that it was an obvious and blatant hardship and if there is no gift-over or provision for the disposition of the legacy in the event that it is to be forfeited, the courts have taken the position that the testator's only purpose was to frighten the legatee into complying with the provisions of the WILL. The basis of this reasoning is the assumption that the testator, while including frightening words of "terror," did not provide for a substitute or alternative donee and therefore did not fully intend the gift to be forfeited.
