[WSBAPT] No Contest

[Chandra Lewnau]

I include a standard no contest clause but I agree they are largely useless
if there is a real basis for the contest. If you win the contest, the no
contest clause is knocked out. I always tell clients that if they think
there is a real chance of a will contest, consider leaving the potential
contestant enough money that it would discourage them from the contest. If
the person is getting nothing they have nothing to lose other than attorney
fees. I also thought signing identical wills a few weeks or months apart
would discourage a will contest. That is, the plaintiff would not only need
to successfully contest the current will, but also the 2 identical wills
signed by the client.

On Tue, Jun 14, 2022 at 10:58 AM Philip N. Jones <pjones at duffykekel.com>
wrote:

> I do not use them unless the client specifically asks for one, or I think
> there is a special reason to use one.
>
> You might want to draft your no-contest clause to disinherit the
> contestant AND his or her issue.
>
> An of course, a no contest clause does no good if the beneficiary has been
> disinherited.
>
> Phil Jones
>
>
>
>
>
> Philip N. Jones
>
> Duffy Kekel LLP
>
> 900 S.W. Fifth Ave. Suite 2500
>
> Portland, OR 97204
>
> pjones at duffykekel.com
>
> (503) 226-1371 – office
>
> (503) 853-1482 – cell
>
> (503) 226-3574 - fax
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
>
> 509-455-5300
>
>
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-- 

-- 

*Chandra M. Lewnau*  *|*  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  *|*  Edmonds, WA 98020

*Tel* 425.670.1560  *|*  *Fax* 425.361.1512  *|* http://www.wallgrouplaw.com


THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com
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