What is the nature of in terrorem clauses in Georgia wills?

In Georgia, in terrorem clauses are designed to deter beneficiaries from contesting a will by imposing a penalty, usually the disinheritance of the beneficiary who initiates the contest. These clauses are generally enforceable as long as they are not invoked in bad faith. The intent is to uphold the testator's wishes and minimize disputes among heirs after the testator's death.

When a court evaluates the enforceability of an in terrorem clause, it will typically enforce the clause unless the beneficiary can demonstrate that their challenge to the will was made in good faith—meaning they genuinely believed there were valid grounds to contest the will based on circumstances such as undue influence, lack of capacity, or improper execution of the will. This approach allows the intent of the testator to be honored while also protecting the rights of beneficiaries who might have legitimate concerns regarding the validity of the will. Thus, option B reflects the legal principles governing in terrorem clauses accurately.