[WSBAPT] No Contest

[Bruce Moen]

There is a great deal that an estate planner can incorporate into an estate plan to thwart or to discourage a contest.  The no contest clause is only one tool.
I suggest that each no contest clause be hand drafted for the particular circumstances.

I am not an estate planner, but I have been retained about a dozen times by estate planers when they know that a contest is coming and that death is near.  My job is to engineer the defense while the testator is still alive and to oversee the implementation.  In that way, I'll be a witness at trial and can testify in the defense of the plan.

A couple of years ago, I made a CLE seminar on how to incorporate the defense of a plan while the testator is still alive even if in failing health at the execution.

I can send a copy of the materials if you are preparing such a plan.

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Tuesday, June 14, 2022 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Contest

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<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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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