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Is a testamentary clause disinheriting anyone in the will who contests the instrument?

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Final answer:

A testamentary clause that disinherits someone for contesting a will is known as a 'no-contest' or 'in terrorem' clause, but enforceability varies by location. Without a will, a person is said to have died intestate, and state laws dictate asset distribution. Historical records show the legacy and evolution of inheritance practices.

Step-by-step explanation:

A testamentary clause disinheriting anyone who contests a will is generally known as a 'no-contest' or 'in terrorem' clause. Such clauses are intended to prevent beneficiaries from challenging the will. Any beneficiary who decides to contest the will may be disinherited if the challenge is unsuccessful, depending on the jurisdiction and the specific circumstances. However, these clauses are not universally enforceable and some state laws provide exceptions where a contest is made in good faith and with just cause.

When a person dies without a will, this is known as dying intestate, and state intestacy laws dictate the distribution of the deceased's assets. This can vary widely depending on the relationship of the surviving relatives to the deceased.

The concept of wills has been around for centuries. An example from historical legal codes can be seen in the excerpt provided, where a woman is allowed to bequeath property after her husband's death. This illustrates the longstanding nature of wills and inheritance rules, albeit modern laws have evolved since those times.

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