A will should reflect a person’s final wishes. The terms are not for anyone other than the testator to dictate.
Unfortunately, disputes over a will can arise. In Washington state, a will can be challenged in court under specific circumstances. Here are some of the most common grounds for will contests.
Lack of testamentary capacity
A will can be contested if the testator was not of sound mind when they made it. In Washington, the testator must understand:
- The nature of making a will.
- The extent of their assets.
- Who their beneficiaries are.
- How the will distributes assets.
If the testator had dementia or another condition that impaired their judgment, the will may be invalid.
Undue influence or fraud
A will may also be challenged if someone inappropriately pressured or manipulated the testator. This is known as undue influence. It often happens when a caregiver, family member or friend isolates the testator to control their decisions.
Fraud is another valid reason for contesting a will. If someone tricked or misled the testator into signing a will, it may be overturned in court.
Improper execution
Washington law requires wills to meet certain formalities. The will must be:
- In writing.
- Signed by the testator.
- Witnessed by two people who are not beneficiaries.
If these steps are not followed, the will may be legally invalid.
In Washington, a will contest must be filed in superior court within four months of probate being opened. Contesting a will is complex, but knowing the legal grounds can help you understand your options. Seeking further guidance can also be highly beneficial.
