Losing a loved one is challenging, and disputes over their will can make the process even more difficult. In Washington, a contested will can lead to legal battles that drain both time and resources. This post provides an overview of the key aspects of contesting a will in Washington, including common grounds for disputes, the legal process, and how to navigate this emotionally charged situation. Please contact our skilled probate attorneys now if you are contemplating contesting a will, or if you are the personal representative of an estate and someone else is challenging a will.
What Is a Contested Will?
A contested will arises when someone challenges the validity of a deceased person’s will.
A contest usually happens when an individual believes the will does not reflect the true intentions of the decedent. This might occur in cases of fraud or deceit. A will might also not represent the decedent’s true intentions if the decedent was not of sound and mind when the will was created.
Common Grounds for Contesting a Will in Washington
There are several issues someone can raise when challenging a will in Washington. These include:
- Lack of testamentary capacity: The individual who made the will (testator) must have been of sound mind at the time. If they were suffering from mental incapacity due to illness, injury, or other factors, the will could be invalidated.
- Undue influence: A will may be contested if it’s believed the testator was pressured or coerced by another person to include specific provisions.
- Fraud or forgery: A will may be deemed invalid if it’s proven to have been forged or signed under false pretenses.
- Failure to meet legal requirements: Washington law requires wills to meet specific criteria to be valid, including proper signatures and witnesses.
- Revocation by the testator: If there’s evidence that the testator intentionally revoked the will before passing, the document may not stand.
Who Can Contest a Will in Washington?
Not everyone can contest a will in Washington. Generally, you must have legal standing, meaning you’re an interested party who stands to gain or lose financially based on the outcome of the contest.
Common parties that have standing to challenge a will include beneficiaries, heirs, or others with a claim to the estate.
The Process of Contesting a Will in Washington
The process for contesting a will usually includes the following:
- Filing a petition: The challenge begins with filing a petition in probate court within the statute of limitations, which is typically four months after the will is admitted to probate.
- Discovery phase: This is when the parties involved gather evidence to support their claims. This evidence may include medical records, witness testimony, and expert evaluations.
- Mediation or negotiation: Many disputes are resolved through mediation to avoid a lengthy court battle.
- Court hearing: If mediation fails, the case proceeds to court, where a judge decides the outcome based on the evidence presented.
How to Avoid Will Contests
There are several ways you can avoid a will contest. These are:
- Ensure testamentary capacity: Have the testator undergo a medical evaluation if mental capacity might be questioned.
- Involve an experienced attorney: Draft the will with a qualified attorney who can ensure compliance with Washington law.
- Communicate wishes clearly: Discuss estate plans with beneficiaries to reduce misunderstandings and potential disputes.
Contact The McWilliams Law Group for Help
The established California and Washington probate and estate planning attorneys at the McWilliams Law Group help you prepare for the future today. Our attorneys can help you determine whether your estate plan requires a living will, a healthcare power of attorney, or another related document.
Note that our firm provides legal assistance with the following:
- Will drafting, execution and review
- Living Trusts
- Advance healthcare directives (living Wills)
- Powers of attorney
- Estate and gift tax issues
- Guardianships and conservatorships
- Choosing the appropriate executor and/or trustee
- Helping personal representatives navigate the probate process
The skilled attorneys at our firm can help thoroughly analyze your estate and strategize the best means of transferring your assets, minimizing taxes, establishing guardianship, and supporting philanthropic causes. Contact us now and let us help protect your personal security, family, and legacy.
