[WSBAPT] in terrorem/no contest clauses in Wills

Heather deVrieze heatherd at westseattlelaw.com
Tue Apr 8 12:20:27 PDT 2014


Agreed – I use the “Discouragement of Litigation” clause below often, with
the goal being to discourage any challenge to or against the Will. No $1
or $10 left to challenging heir/beneficiary.  But I also offer the client
the option to include a sufficient specific sum of money as an inducement
if the client thinks it might help.  I think the $1 came out of state
where “provision” for certain heirs was required, whereas,  Washington law
requires that certain heirs be “named or provided for” so identification
of said heirs, with a specific clause indicating that they are
intentionally not provided for is sufficient.

 

I warn client that like turnips, a discontented heir may not be good for
the “costs and attorney fees the estate incurred” but hopefully the threat
of it will discourage a challenge which is after all, the point. 

 

Discouragement of Litigation.  I declare that I have intentionally omitted
to provide for any other person not designated specifically as a
beneficiary under this Will.  If any person shall claim any portion of my
Estate by reason of relationship, or otherwise, or if any person who, if I
died intestate, would be entitled to any part of my Estate, or if any of
the Beneficiaries, or their successors in interest, shall either directly
or indirectly, alone or in conjunction with any other person, contest any
provision of this Will or Codicil thereto upon any grounds whatsoever, or
attack, oppose, or seek to set aside any such Will or Codicil, or to
impair, invalidate or set aside any of its provisions, then, in such
event, that person shall forfeit his share, as well as the shares of his
or her descendants and shall cease to have any right or interest in my
Estate.  The contesting person’s share shall be distributed as if he or
she predeceased me without leaving any living descendants.  I direct that
such person shall pay all costs and attorney’s fees my Estate may have
sustained in litigating the matter.  My Personal Representative is
authorized to defend, at the expense of my Estate, any contest or other
attack of any nature on this Will or any of its provisions.

Heather

 

Heather S. de Vrieze
Attorney-at-Law

 

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 


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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, April 08, 2014 12:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] in terrorem/no contest clauses in Wills

 

What am I missing or misunderstanding???

Why leave a Will contestant any nominal amount, eg, $1 or $10 etc.  That
means that they remain interested in the estate, entitled to notice, & due
a distribution, even if only $1, for which the PR will need to obtain from
the contestant a Receipt (& good luck in getting it).  Why not simply
"remove 'em," as Big Julie in Guys & Dolls would do?

This does not address giving a disfavored heir a nominal amount to induce
them not to file a Will contest, as suggested by Mr. Edensword-Breck.
That really goes to the issue of dealing with a disinheritance clause, not
a Will contest clause, which I believe to be two different animals.



On 4/8/2014 10:43 AM, Jennifer Johnson wrote:

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

  <id:part1.06090105.07030806 at washington-probate.com%22> 



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
  <id:part3.03040703.03090207 at washington-probate.com%22> 
3909 California Avenue SW
Seattle, WA 98116-3705                         
(206)938-5500 
heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com
<ailto:heatherd at westseattlelaw.com%22> > 
www.westseattlelaw.com <ttp://www.westseattlelaw.com%22>
<http://www.westseattlelaw.com/ <ttp://www.westseattlelaw.com/%22> > 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com
<ailto:wsbapt-owner at lists.wsbarppt.com%22> ] 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
  <id:part10.01080607.05000007 at washington-probate.com%22> 
 
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 <ttp://www.gbl3law.com%22>
<http://www.gbl3law.com/ <ttp://www.gbl3law.com/%22> > 
 
Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law    
 
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