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No Contest, Forfeiture, In Terrorem Clauses: Wills & Trusts

To combat disputes and litigation about wills and trusts, estate planning attorneys sometimes advise clients to include a no contest, forfeiture or “in terrorem” clause in a will, trust or estate document. These clauses generally provide that if an heir or other party files a suit relating to the document he or she is disinherited. […]

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Breach of Fiduciary Duty and Compensation Forfeiture

A breach of fiduciary duty occurs when an individual or entity fails to follow his, her or its fiduciary obligations. More often than not, it is used by a plaintiff as a legal basis for damages against someone who breaches his or her fiduciary duty (e.g., failure to manage property, ¬†misappropriation of funds, etc.). It […]

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