What if I want to challenge the validity of a will?

If you want to challenge the validity of a will in Washington State, you will need to prove that the will was not validly executed. Under Washington State law, a will must be signed in the presence of two disinterested witnesses and then signed by the individual drafting the will (testator). This means that the testator must have either signed the document in front of two witnesses or had two witnesses sign the document after the testator signed it. If the will was not properly executed, you may challenge its validity. In addition, you may challenge the validity of a will if you can prove that the testator was not of sound mind when they drafted the will or that they were unduly influenced by another person. You may also challenge the will if you can prove that the testator destroyed the original will and then created a new will with material changes. Any challenge to the validity of a will must be initiated in court. If you are successful in your challenge, the will may be declared invalid. In such a case, the court will consider any properties of the deceased as part of the estate and distribute them according to the laws of intestate succession. This means that the property would be distributed among the surviving family members instead of according to the terms of the will.

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