How is a will interpreted?

In Washington, a will is interpreted to determine the intent of the testator (the person who created the will). To do this, courts will look at the language of the will to determine how the testator wanted their estate divided and what they wanted to happen to personalized items and sentimental belongings. In addition to the language of the will, the court will evaluate factors such as the surrounding circumstances at the time of the creation of the will, the testator’s prior behavior and the overall purpose of the will. Courts will also will look to see if the testator fully understood the effects of the will, and that they had the capacity to create and sign the will. If the court finds any evidence that suggests that the testator was in any way, mentally or legally, incapable of making the will, then the will may be invalid. Finally, courts may lean on witnesses of the will signing or other affidavits filed to the court to help with their interpretation. The court may want to hear what the witnesses observed or whether they were aware of any undue influence or fraud. Ultimately, the court must use their best judgement in interpreting the will and to honor the true wishes of the testator as much as they can.

Related FAQs

What documents need to be filed with the court?
How are assets valued for probate?
What is a living will?
What is a small estate affidavit?
Who is entitled to receive a share of the estate?
What is an affidavit?
What happens if an executor fails to distribute assets?
Are there special probate rules for minors?
What is an estate inventory?
What is a living trust?

How is a will interpreted?

Related FAQs

Related Blog Posts