[WSBAPT] No Contest

Tue Jun 14 10:17:50 PDT 2022

I agree that if the Will Contest is successful, any interrorem clause would be thrown out as well, nevertheless, I do include these clauses regularly, similar to the below:

1.1        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.

Not sure how enforceable the direction that a contesting person pay costs and fees would be, or how the estate might actually get paid, but hope it helps to discourage litigation as the title of the paragraph suggests.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, June 14, 2022 9:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Contest

Here is mine but I did some research on this issue recently and am not convinced these will hold up if the person does a Will Contest and wins that contest action given the caselaw.  If you'd like to review my research, I will provide to you by email.

ARTICLE ___
CONTEST

In the event that any person should contest this Will or attempt to establish that he or she is entitled to any portion of my estate or to any right as an heir or beneficiary to me other than as provided herein, I give and bequeath to each such person the sum of One Dollar ($1.00) and such persons or persons shall receive nothing more from my estate.

Dalynne Singleton
Gourley Law Group
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The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Tuesday, June 14, 2022 8:14 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] No Contest

Hello

Just curious who out there regularly uses no contest or selectively uses them.  When using them, do you have any qualifiers in your standard language?  Would love to see some clauses if any one is willing to share.

Thanks in advance.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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