in terrorem

In Terrorem

[Latin, In fright or terror; by way of a threat.] A description of a legacy or gift given by will with the condition that the donee must not challenge the validity of the will or other testament.

Conditions of such nature, labeled in terrorem clauses, are ordinarily regarded as threats, since the potential loss of the gift is thought to provoke fear or dread of litigation over the will in the recipient.

in terrorem

IN TERROREM. By way of threat, terror, or warning. For example, when a legacy is given to a person upon condition not to dispute the validity or thedispositions in wills and testaments, the conditions are not in general obligatory, but only in terrorem; if, therefore, there exist probabilis causa litigandi, the non-observance of the conditions will not be a forfeiture. 2 Vern. 90; 1 Hill. Ab. 253; 3 P. Wms. 344; 1 Atk. 404. But when the acquiescence of the legatee appears to be a material ingredient in the gift, the bequest is only quousque the legatee shall refrain from disturbing the will. 2 P. Wms. 52; 2 Ventr. 352. For cases of legacies given to a wife while she shall continue unmarried, see 1 Madd. R. 590; 1 Rop. Leg. 558.