[WSBAPT] Family Allowance - No Contest Will provision

[Randy Boyer]

Listmates

Longterm marriage but decedent wife kept her real property separate.  In the Will she only allows husband right to live in the house if he paid all the expenses and is able to maintain it.  He cannot afford to keep up the house on his own income.  The Will has a no contest clause that includes a catch all that states “to prevent any term of the Will to be carried out in accordance with its terms” (means any benefits under the Will are revoked).  The paragraph does not include any language about a family allowance petition.  I have been unable to find case law in Washington about whether a petition for family allowance violates a no contest clause. 

If a family allowance petition is granted it would diminish or exhaust any benefits to other beneficiaries under the Will,  Is filing for a family allowance covered by the no contest clause?

Randy
Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
( 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com>
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