[WSBAPT] in terrorem/no contest clauses in Wills

[George Edensword-Breck]

Because of the undesirability of having litigation between family members,
no matter how frivolous it may be, particularly due to the work required
to get beyond summary judgment, depending, of course, on the scale of the
estate, I will often recommend that clients make a bequest to the
disfavored heir in an amount which will make him or her hesitate bringing
a will contest.

 

George Edensword-Breck

 

 

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     

 

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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. 

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