Can an intestate succession be challenged on the basis of undue influence?

Yes, an intestate succession can be challenged on the basis of undue influence. In Washington, intestate succession is when a person dies without a will and the estate goes through the probate process. In such a case, the laws of intestate succession in Washington determine who is entitled to assets from the estate. When challenging an intestate succession on the basis of undue influence, the challenger must provide evidence that the intestate succession was the result of undue influence. For example, if there is evidence that a family member or friend coerced the deceased person into giving them a larger share of the estate, then the court may challenge the intestate succession on the basis of undue influence. In Washington, the probate court must consider any evidence of undue influence that is presented. This includes evidence of suspicious facts or circumstances, such as if someone close to the deceased was present at the time of the will signing or if a family member was in a position of undue influence within the deceased’s life. If the court finds that undue influence was present when the intestate succession was made, the court may choose to invalidate the intestate succession and distribute the estate according to the will or according to Washington’s laws of intestate succession.

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Can an intestate succession be challenged on the basis of undue influence?

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