[WSBAPT] in terrorem/no contest clauses in Wills

Tue Apr 8 10:28:11 PDT 2014

Gus,

I have used the following clause successfully for many years now, which I
usually place as the very last article of the Will:

ARTICLE ____
            I have purposely made no provision for any other person or
relative, whether claiming to be an heir of mine or not, or whether a
beneficiary under this Will or not.  If any person or relative, whether
named in this Will or otherwise claiming to be an heir of mine shall
contest this Will or object to any of the provisions thereof, I give to
such person or relative so contesting or objecting, the sum of Ten and
No/100 Dollars ($10.00) and no more, in lieu of the provisions which I
have made herein, or which I might have made herein, for such person so
contesting or objecting.

Please feel free to give me a call if you would like to discuss this
clause further.   There is no particular significance to the $10.00
figure, by the way -- it could be any nominal amount that suits your
client.  

Regards,
C
                              _________________________

Carla J. Higginson, Attorney | Higginson Beyer, P.S.
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone:
(360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206)
623-8888 | Facsimile: (360) 378-3935
carla at higginsonbeyer.com

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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/> 

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Estate Planning      Labor Law     

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