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Challenging a Will

Filing a True Will Contest — After the Will’s Admission to Probate

  1. The Relevant Statute: RCW 11.24.010
  2. Requirements of RCW 11.24.010

The Problem:  Decedent has left a Will that contains a provision you want to eliminate, and the Will has been admitted to probate.

Your Remedy:  File with the Court a Will Contest (a Petition to Set Aside the Will) within four months of its admission.

  • The Relevant Statute: RCW 11.24.010

RCW 11.24.010 provides in part:

RCW 11.24.010

Contest of probate or rejection — Limitation of action — Issues.

If any person interested in any will shall appear within four months immediately following the probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to have the will proven which has been rejected, he or she shall file a petition containing his or her objections and exceptions to said will, or to the rejection thereof. Issues respecting the competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last will and testament under restraint or undue influence or fraudulent representations, or for any other cause affecting the validity of the will or a part of it, shall be tried and determined by the court.

  • Requirements of RCW 11.24.010
  1. Person interested in Will.  See Standing.
  2. Appear within four months.  See Statute of Limitations.
  3. File a Petition.  To put the issue of the Will’s validity before the Court, a Will Contest in the form of a Petition is required to be filed.
  4. Containing objections and exceptions to the Will.  The Petition is required to set forth the reasons why you believe the Will is invalid.
  5. Issues to be tried:
    1. Decedent’s competency, ie, testamentary capacity.  See Testamentary Capacity & Insane Delusion.
    2. Execution under restraint, ie, duress.  See Duress.
    3. Execution under undue influence.  See Undue Influence.
    4. Execution under fraudulent representation.  See Fraudulent Representation.
    5. Any other cause affecting its validity.  See Invalid Execution.
  6. Determined by the Court.  See:  No Jury Trial.

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