What happens when a will is contested in court?

When a will is contested in court, it means that the executor or another interested party believes the will should be invalidated. In Washington, the court must then decide if the will is valid or not. To do this, the court will review the circumstances of the will’s creation and execution. This includes looking at the state of mind of the testator when they signed the will and whether they were of sound mind to make decisions about their estate. The court will also look at any evidence of fraud, forgery, undue influence, or any other grounds for contesting the will. Typically, the court will require the contested party to present evidence to support their case that the will should not be considered valid. Evidence can include witness testimony and other documents to back up their case. If the court finds there is enough evidence to suggest the will should be invalidated, then it will not be enforced by the court. The assets of the estate will then be distributed according to the applicable state laws of intestate succession. The court may also award attorney’s fees and court costs to the successful party for having to go through the court proceedings, depending on the situation.

Related FAQs

What happens if I die without a will?
How do I calculate estate taxes?
How can I protect assets from probate?
What rights do heirs have to a will?
What should I consider when writing a will?
How do I ensure my will accurately reflects my wishes?
What is a will?
Can I make gifts in a will?
What is the difference between a will and a trust?
Can a will be amended or modified after it is signed?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023