[WSBAPT] in terrorem/no contest clauses in Wills

Tue Apr 8 10:43:03 PDT 2014

I’m also interested to hear more about this.  We have used the following
provision for a while.  We usually tell clients that we haven’t had the
opportunity to test it in court yet, and that it’s value may largely be in
its deterring effect.

If any devisee or legatee herein, or anyone not named and provided for
herein, shall directly or indirectly contest or dispute the provisions of
this Will, or maintain before any judicial body that this is not my Last
Will and Testament, or call into question before any tribunal or judicial
body the provisions of any legacy, bequest, devise or provision herein to
said person or persons and declare the same to be void and of no effect,
then I give said legacy, devise, bequest or provision so revoked to the
remaining child named herein or their children, per stirpes, who does not
so contest this Will.  In the event that such person contesting this Will
shall prevail, then in that event I hereby give, devise and bequeath to
such successful contestant the sum of one dollar ($1.00) in lieu of any
other provision for such person made herein.

Jennifer
-- 
Jennifer M. Johnson
Attorney
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494

On 4/8/14 10:30 AM, "Heather deVrieze" <heatherd at westseattlelaw.com>
wrote:

Mind sharing the one you think is bad? This is a good topic of discussion
of what works/doesn’t, etc.

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW
Seattle, WA 98116-3705                         
(206)938-5500 
heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com> 
www.westseattlelaw.com <http://www.westseattlelaw.com/> 

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
privileged and/or confidential information.  If you have received this
e-mail in error, please notify the sender immediately and delete all
copies of this e-mail message and any attachment.

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin
Lindsey III
Sent: Tuesday, April 08, 2014 10:09 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] in terrorem/no contest clauses in Wills

Good morning,

I am updating a Will for a client. The existing will has a no contest
clause that the client likes; however, I believe it is overly broad and
somewhat inconsistent with the law. (And has given the client a false
sense of security!)

I plan to discuss the pros/cons of keeping this clause but I suspect that
the client will want something due to past experiences within the family.

Does anyone have a concise no contest clause that they use and would be
willing to share.

Thanks!

Sincerely,

G. (Gus) Benjamin Lindsey III
Attorney-at-Law

The Law Office of G. Benjamin Lindsey III
2012 Grade Road, Suite 202
Lake Stevens, WA 98258

Phone:   (425) 263-9585

website: www.gbl3law.com <http://www.gbl3law.com/> 

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law    

CONFIDENTIALITY NOTE: This e-mail message contains information belonging
to The Law Office of G. Benjamin Lindsey III, which may be privileged,
confidential and/or protected from disclosure.  The information is
intended only for the use of the individual or entity named above.  If you
think that you have received this message in error, please contact the
sender.  If you are not the intended recipient, any dissemination,
distribution or copying is strictly prohibited

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 41429 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140408/e643b9d3/winmail.dat>