mardi 8 mai 2018

Use of a No-Contest Clause in a Will

My question involves estate proceedings in the state of: Washington

We have a blended family, and my husband's ex-wife, even after over a decade, is still toxic. She also tends to cause strife with the kids - especially when it comes to money. If one of us (or both) were to die, we are certain she would try to cause a problem with our estate, in spite of having very little it inherit (she gets his pension, but he has since changed jobs, and has separate retirements). This is clearly defined in the will, and the retirement entities, with separate beneficiaries.

Additionally, our girls hate each other. We have planned for the estate to be shared equally, but we could see them trying to fight among each other.

We are considering add to our will a no-contest clause like the one below.

"Notwithstanding anything herein to the contrary, if any beneficiary contests the terms of this Will, including, without limitation, filing a contest of admission of this Will to probate under [applicable section of the state Probate Code], that beneficiary shall not be entitled to any property under the terms of this Will, and for all purposes of this Will, that beneficiary shall then be deemed to have predeceased me."

We don't have a huge estate, but enough to fight about. We would like to avoid having to hire an attorney until we have the full document ready for final review.

Does anyone have any experience with our state law and if a clause like this would have teeth?


Use of a No-Contest Clause in a Will

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