When can a will be challenged in court?

In Washington, a will can be challenged in court at any time after it has been admitted to probate. This means that a will can be challenged by someone who is named in the will, or by someone who believes they are affected by the will. In some cases, a person may even be able to challenge a will before it has been admitted to probate. When challenging a will, the petitioner must prove that the will is not valid. This could occur if the will was not properly executed, if the testator (person making the will) lacked the mental capacity to make the will, or if they were subject to undue influence and/or fraud. If these elements can be proven, then the will may be invalidated and the court may determine that a different version of the will should be used instead, or that the assets should be distributed in another way altogether. In Washington, a will challenge can be initiated by filing a petition with the appropriate court. The petitioner must explain the reasons for their challenge, and the court may require them to present additional evidence. After hearing both sides of the argument, the court will make a ruling on the validity of the will.

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