Why Would I Want To Contest A Will?

When a loved one passes, you expect a time for reflection and shared grief. Instead, you might find yourself in a whirlwind of confusion and legal paperwork. Your hands are likely already full with work, caring for aging family members, or raising children. Emotions run high, and suddenly, people aren't behaving the way you expected.

Promises made around the Thanksgiving table decades ago seem to have vanished. Old wills are pulled out of dusty drawers to favor certain family members, leaving you wondering: Is this will even valid?

When heartache and legal headaches combine, it is difficult to maintain the clear head needed for critical thinking. We understand that probate is more than just paperwork; it is often a deeply personal battle. When family members begin to question the fairness of an estate plan, arguments over "what is fair" can quickly escalate. These are conversations where no side typically feels like yielding ground.

How Do I Contest A Will?

To successfully contest a will, you must generally prove that the filed document is fraudulent in content, signature, or witnessing, or that the creator lacked the capacity to write the document. Additionally, you must be an "interested party." Call our firm today and speak with our attorney to find out if you qualify as an interested party, and the alternate paths available if you are not an interested party.

Key Requirements:

• Statute of Limitations: In Washington, there is a strict 4-month time limit to contest a will after it has been filed. Once this window closes, it is nearly impossible to challenge the inheritance distribution.

• Burden of Proof: The burden lies with the person contesting the will. You must provide clear evidence to overrule the validity of the document.

  
  

What We Do For You In Court

In Washington, a will contest is filed with the Superior Court. Whether you are in Spokane, King County, or Pend Oreille, the same 4-month timeline applies across all 39 counties.

At Cornerstone Legal PLLC, we guide you through the Washington probate process which includes:

• Filing the Petition: Our firm will draft and file the proper petition with the probate court, formally declaring the intent to contest.

• Legal Notice: Our team manages all required legal notices to estate representatives and other interested parties. We keep our clients informed throughout the process.

• Evidence Collection: We work with you, our client, to compile the necessary evidence to support the claim. This may include medical records, witness statements, and expert testimony.

• Representation: We present your case to a judge to determine the will's validity or negotiate a resolution through mediation.

  
  

Understanding the "No-Contest" Clause

Some estate plans include an "In Terrorem" (No-Contest) clause. This is designed to discourage challenges by stating that anyone who contests the will and loses forfeits their inheritance. The name itself is pretty foreboding, sounding like "in terror," but rest assured that this clause is much more manageable, and tame, than it sounds.

For those with a valid claim (probable cause), this clause often holds no weight. However, for a family member simply seeking a larger share without legal grounds, it serves as a powerful deterrent. It is vital to review your specific situation with an experienced estate planning attorney to determine if your claim has the necessary strength to proceed.

For those who believe to have a valid claim to contest the will, trust, or administration of either, there is a legal tool provided by the court system that is, essentially, a set of instructions for how to solve that claim. This process is called TEDRA and acts as a modern mediation method to settle complex disputes over estates. 

TEDRA

While a standard "Will Contest" (under RCW 11.24) challenges the validity of the will itself, the process known as TEDRA (Trust Estate Dispute Resolution Act) provides the procedure and the tools we use to resolve that fight. It is designed to be flexible and efficient, preventing families from draining the estate’s funds on years of litigation.

Here is how TEDRA links to the will contest process:

1. It Encourages Settlement Out of Court: TEDRA empowers attorneys to resolve disputes without a judge’s final ruling. Under RCW 11.96A.220, if all interested parties can agree on a solution—such as rewriting the distribution of assets to be even between all parties—they can sign a "Non-Judicial Binding Agreement."

• Why this matters: Once signed and filed, this agreement has the same legal force as a court order, but it allows you to bypass the stress, delay, publicity, and additional legal costs of a trial.

  
  

2. Mandatory Mediation: Washington courts favor resolution over warfare. Under TEDRA, a judge has the authority to order all parties into mediation or arbitration before a trial ever happens.

• Why this matters: This forces the opposing side to come to the table and negotiate. Often, the mere filing of a TEDRA petition is enough to bring vindictive family members to reality, knowing they cannot simply ignore the issue.

  
  

3. Broad Powers to Solve "Unsolvable" Problems: Sometimes a will is valid, but the language is vague, or the executor is acting poorly. TEDRA gives the Superior Court (in Spokane, King, or any county) "full and ample power" to administer and settle the estate in whatever way "seems right and proper."

• Why this matters: If the strict rules of a Will Contest don't perfectly fit your situation, TEDRA often provides an alternative legal path to protect your inheritance.

  
  

When Should You Speak With An Attorney About Probate Litigation?

If you believe a will does not reflect your loved one’s true intentions, timing matters. Speaking with an attorney early allows you to understand your options and take meaningful steps before important evidence or opportunities are lost. Early legal guidance can help determine:

• Whether you qualify as an interested party

• If valid legal grounds exist to move forward

• Which process applies, such as a will contest, TEDRA action, or another probate remedy

• How to preserve key evidence and protect your position from the start

  
  

Estate disputes are rarely just about money. They often involve complex family dynamics, long-standing relationships, and deeply personal expectations. Having clear, practical guidance can help you focus on resolution while protecting what matters most.

If you are considering challenging a will or addressing a trust or estate dispute in Washington State, Cornerstone Legal PLLC is here to help you understand your rights and next steps. Call our office today to schedule a consultation and get clarity on how to move forward with confidence.