Monday, December 14, 2009

Enforceability of in terrrorem clause in trust -- Virginia

The Supreme Court of Virginia held that a no-contest provision in a revocable trust “that constitutes part of a decedent’s testamentary estate plan” is subject to the same principles applied to such clauses in wills, in particular the principle that such clauses are to be strictly construed. Keener v. Keener, 682 S.E.2d 545 (Va. 2009).