Breaking a Non-Disparagement Agreement Isn't Funny — Especially When Your Brother Sends Wicked Witch of the West Memes
After a heated New Hampshire estate settlement and a signed non-disparagement agreement, one brother sent his family members a side-by-side comparison of the Wicked Witch of the West with his sisters picture---she was of course---the executor of the estate and this brother was still upset about only getting the cat.
I've handled plenty of New Hampshire probate battles. The fighting is fierce, the emotions run high, and eventually everyone signs a settlement agreement promising to move on like civilized adults. Then someone decides those promises are more like… guidelines. In this latest chapter of “Family Estate Theater,” the brother didn't just complain. He went full Wizard of Oz. He texted the cousin a side-by-side meme comparing his sister to the Wicked Witch of the West, complete with the snarky caption: “Did you get this from Uncle Rick yet? ”Yes — green skin, flying monkeys, melting at the sight of water… that Wicked Witch. Apparently that's who she became in his mind once the will was probated.
What the Non-Disparagement Clause Actually SaidThe agreement both parties signed included clear language:
“The Parties agree not to make any statements, written or oral… that defame, disparage, or in any way criticize the personal reputation, practices, or conduct of each other or their immediate family members… including in texts, emails, or any form of social media.”
Somehow, “texts to cousins comparing your sister to the Wicked Witch” didn't appear to make the exemption list. So… Is This Funny, or Is It Legally Actionable?
It actually is a textbook breach of a non-disparagement agreement. These clauses exist for exactly this reason — to stop post-settlement character attacks that keep old wounds festering. You can't take your share of the estate, sign the paperwork promising peace, and then turn your sibling into the Wicked Witch of the West in the family group chat.
We're now in the phase where we politely (but firmly) remind him that “I'll get you, my pretty” doesn't hold up very well in probate court.
Why Non-Disparagement Clauses Matter in Estate Litigation
New Hampshire family probate fights are emotional enough without turning them into a meme war. Once the agreement is signed, continuing the fight through texts, images, or group chats can lead to real consequences — injunctions, contempt findings, and sometimes even paying the other side's legal fees.
If you're dealing with (or about to settle) an inheritance dispute, sibling rivalry, or contested will, make sure your agreement has strong, enforceable non-disparagement language. It might be the only thing protecting you from becoming the next flying monkey target.
At the Law Office of Joseph Kelly Levasseur, we handle litigation issues like these. It's never funny being a sent a letter letting you know the Wicked Witch of the West is suing you, so be smart, make a meme into a dartboard, throw darts at it, but don't let anyone know.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment