H-3068.2  _______________________________________________

                          HOUSE BILL 2711

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Ballasiotes, Schmidt, Wineberry, Long, Van Luven, Talcott, Brough and Roland

Read first time 01/21/94.  Referred to Committee on Judiciary.

Requiring mediation for estate disputes.

    AN ACT Relating to mandatory mediation for estate dispute resolution; and adding a new section to chapter 11.76 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 11.76 RCW to read as follows:

    (1) A civil action in which a party is a beneficiary to a will, or claims to be a beneficiary to a will, and is contesting the distribution of the will estate is subject to mandatory mediation under this section.  Costs and reasonable attorneys' fees must be assessed against a party appealing from the award granted under this subsection who fails to improve his or her position on the trial de novo.

    (2) The supreme court shall adopt rules for procedures to implement mandatory mediation of actions under this section.

NEW SECTION. Sec. 2.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

                            --- END ---