In terrorem is a legal term used to describe a warning that legal action will be taken if demands are not met. It is often used in cease and desist communications and wills to avoid litigation. However, it can be challenged if the person who wrote the will was incapable of making fair decisions. In terrorem letters should only threaten proper legal action and not physical violence or financial ruin. It can be mishandled, resulting in unfair situations. It is best to consult a legal professional if an in terrorem letter is received in unfair circumstances.
In terrorem, a Latin term that loosely translates as “to frighten,” is a legal term often used to describe a warning that legal action will be pursued if demands are not met. This concept is generally applied in cases of “cess and desist” communications, as well as in some contractual agreements. An in terrorem letter or clause is essentially a means of legally threatening a person into certain actions.
In terrorem clauses are often found in wills under certain circumstances. If the person or trustees drafting the will believes that the beneficiaries may challenge the divisions or determinations of the deed, a clause may be inserted to avoid litigation or controversy. This clause generally states that any challenge to the will results in automatic forfeiture of any benefits listed in the will.
In some cases, an in terrorem clause can be challenged on charges that the person who wrote the will was incapable of mind at the time, thus unable to make fair or reasonable decisions about the division of property. Challenging this kind of will can be risky; if the court accepts the will, the plaintiff will have to comply with the in terrorem clause. Therefore, by disputing what appears to be an unfair division, a plaintiff can end up with nothing instead of a part of the will that is unfairly divided.
The other major application of in terrorem is in the use of legal letters threatening action. These are common in copyright cases, where a copyright owner or legal representative can order an unauthorized user to cease and desist from use or face legal action. The goal of such a letter is to avoid lawsuits, which could be costly for all involved. It’s very important, however, to make sure that threatening letters warn of nothing more than proper legal action. Threats of physical violence, financial ruin, or other consequences may be interpreted as harassment and may result in a copyright case or countersuit being dismissed.
Some legal experts suggest that in terrorem can be mishandled in some cases. For example, if a person receives a threatening letter from a large corporation known to have a large legal department, they may feel compelled to comply simply out of fear. This can result in unfair and illegal situations where innocent defendants choose to pay settlements, cease providing important information, or otherwise lose their legal rights out of fear of a huge and costly legal battle. If a person receives an in terrorem letter in what appear to be unfair circumstances, it is best to speak to a legal professional immediately to determine if the threat is lawful and enforceable before complying.
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