When a loved one passes away, someone usually submits their will to the court for probate. But what if you believe the will is invalid? Can you challenge it in Washington state? Yes, you can contest a will, but you must have valid reasons and follow specific steps.
Grounds for contesting a will in Washington
In Washington, several reasons allow someone to contest a will. One common reason is lack of testamentary capacity, meaning the person who created the will did not have the mental ability to understand their actions. If the testator did not fully understand their property or beneficiaries, the court could rule the will invalid.
Another reason to contest a will is undue influence, where someone pressures or manipulates the testator into making decisions against their wishes. For example, a family member might coerce an elderly person to change their will in their favor.
People may also contest a will based on fraud or forgery. If someone forged the will or tricked the testator into signing it, the will might not reflect their true intentions. In addition, if the will didn’t meet legal requirements, such as being signed or witnessed correctly, you can challenge it. Washington law requires the testator to sign the will and have at least two witnesses present.
The process for contesting a will
If you want to contest a will in Washington, you must file a petition within four months of the court admitting the will to probate. The court will review the contest’s reasons and decide whether to invalidate the will. If the contest succeeds, the court will distribute the estate according to a previous valid will or, if none exists, according to state laws of intestacy.
If the court finds the contest lacks merit, it may require the challenger to pay the estate’s legal fees.
Is it worth contesting a will?
Contesting a will can be a complex and expensive process. While you might feel the will does not reflect your loved one’s true intentions, consider the time, cost, and emotional toll involved. Legal challenges can cause family disputes, so weigh the pros and cons before moving forward.
If you believe the will is invalid, understanding the legal grounds and the steps involved will help you make an informed decision.