Contested Wills
When a will doesn't reflect what your loved one truly wanted, or when someone challenges a will you know is valid, the stakes are personal and the clock is short. We represent both sides of will contests in Washington, the family members challenging a will and the estates defending one.
Talk to an attorneyFounded
1965
Attorneys
11
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Founded
1965
Attorneys
3
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Will contest lawyers for Bellevue and Seattle families
Oseran Hahn handles will contests for Pacific Northwest families on either side of the dispute. Sometimes a will was signed when the person no longer understood what they were doing, or under pressure from someone who stood to gain; sometimes a valid will is being attacked by a relative who's unhappy with it. Either way, the law moves quickly: Washington gives you only four months after a will is admitted to probate to contest it. We investigate capacity, undue influence, and how the will was executed, we protect the deadline, and we push toward the result the evidence supports, in court or in settlement.
A will contest is a fight over whether a document truly reflects the wishes of the person who signed it, and it runs on a short clock. We challenge or defend wills on the ground that the maker lacked capacity. We pursue and rebut claims of undue influence, Washington's most common basis for a contest. We raise problems with how the will was executed, along with fraud and forgery. We protect the four-month deadline and the question of who has standing. And we work to resolve the dispute through TEDRA wherever the family is better served by settling than by trial.
Lack of testamentary capacity
A will is only valid if the person who signed it had capacity at that moment, and Washington sets a specific standard (RCW 11.12.010): the will-maker must understand that they are making a will, know the natural objects of their bounty, the family who would ordinarily inherit, and grasp the general nature and extent of what they own. Capacity can come and go, which is why a diagnosis of dementia doesn't automatically void a will, and why a lucid interval can save one. We build the picture from medical records, the drafting attorney's notes, and the people who were there, to show whether the testator understood what they were doing when it counted.
Undue influence
Undue influence is the most common reason wills are challenged in Washington, and the courts analyze it through a well-known set of suspicious circumstances (Dean v. Jordan). When someone in a position of trust takes an active part in creating the will and ends up with an unnaturally large share, those facts together can raise a presumption of undue influence and shift the burden to the person who benefited. Isolation of the testator, dependency, secrecy, and a sudden change late in life all add weight. We assemble or rebut these factors, because undue-influence cases are won on the pattern of circumstances, not a single smoking gun.
Improper execution, fraud, and forgery
Some wills fail on the formalities. Washington requires that a will be in writing, signed by the testator, and attested by two competent witnesses (RCW 11.12.020); a document that wasn't executed correctly can be denied probate no matter what it says. Beyond execution, a will can be attacked for fraud, where the testator was deceived about what they were signing or about facts that shaped it, for forgery, and over whether a later document or act validly revoked an earlier will (RCW 11.12.040). We examine how the will was made and signed, not just what it contains.
The four-month deadline and who can contest
The procedure decides cases as often as the merits do. Once a will is admitted to probate in Washington, an interested party has only four months to file a contest (RCW 11.24.010), and that deadline is strict, miss it and the strongest case in the world is gone. Standing matters too: only someone with a real pecuniary interest, an heir who would inherit without the will or a beneficiary under another version of it, can bring the challenge. We move quickly to preserve the right to contest when we represent a family member, and we hold the line on the deadline and on standing when we defend an estate.
No-contest clauses and resolving the dispute
Many wills include a no-contest clause that threatens to disinherit anyone who challenges the will. In Washington those clauses have real limits: under longstanding case law (In re Estate of Mumby), a court will not enforce one against a person who contests in good faith and with probable cause, so a beneficiary with a legitimate concern isn't forced to stay silent. And most contests never reach a trial. Washington's Trust and Estate Dispute Resolution Act (RCW 11.96A) gives families a path to mediate and to sign binding settlement agreements that resolve the matter privately. We litigate hard when a case demands it, and we settle when settling serves the family and the estate better than a courtroom.
Sixty years of Pacific Northwest estate work, on both sides of the table. We know what makes a will contest succeed and what makes one fail, and we know that the goal isn't only to win, it's to resolve the dispute without tearing the family apart any more than grief already has.
We've sat on both sides.
We bring contests and we defend them, so we read a case the way the other side will. That perspective tells us early which challenges are worth pursuing and which estates can hold the line.
The clock is the case.
Four months goes fast, and a missed deadline ends a contest before it starts. We act quickly to preserve the right to challenge, or to protect an estate by holding the line on the deadline and standing.
Settlement is usually the better win.
A public trial drains the estate and deepens the rift. Where the evidence and the family allow, we resolve contests through mediation and TEDRA agreements that end the fight and keep more of the estate intact.
The attorneys behindthe work.
Our business and corporate attorneys handle this work alongside our litigation team, so you have coverage whether your matter stays transactional or becomes something more.
What clientsask us first.
What are the grounds to contest a will in Washington?
The main ones are lack of testamentary capacity (the person didn't understand what they were signing), undue influence (someone pressured them into it), fraud, forgery, and improper execution (the will wasn't signed and witnessed the way the law requires). Disagreeing with how someone left their property isn't a ground by itself. There has to be a legal defect in the will or in how it came to be.
How long do I have to contest a will?
Not long. In Washington you generally have four months from the date the will is admitted to probate to file a contest, and the deadline is strict. There are very limited exceptions, but you shouldn't count on them. If you think something is wrong with a will, the time to call a lawyer is immediately, not after you've thought it over for a few months.
What is undue influence, and how do you prove it?
Undue influence is when someone pressures or manipulates a vulnerable person into leaving them more than they otherwise would. It's rarely proven by a single document; Washington courts look at a pattern of suspicious circumstances, a relationship of trust, active involvement in creating the will, an unnatural result, isolation, and dependency. When enough of those line up, the burden can shift to the person who benefited to show the will was the testator's true choice.
If I challenge the will, will I lose my inheritance under a no-contest clause?
Not if you have a good-faith reason. Many wills include a no-contest clause meant to discourage challenges, but Washington won't enforce one against someone who contests in good faith and with probable cause. So a beneficiary with a legitimate concern can raise it without automatically forfeiting their share. Whether you have probable cause is exactly the kind of thing to assess with a lawyer before you file.
Does a will contest have to go to trial?
Usually not. Most contests resolve through negotiation or mediation, often under Washington's TEDRA process, which lets families reach binding settlements without a public trial. Settling typically preserves more of the estate and spares the family a drawn-out court fight. We prepare every case as if it will be tried, because that's what makes the other side take settlement seriously, but trial is the exception, not the rule.
When should I talk to a lawyer about contesting or defending a will?
As soon as the will is filed, or the moment you suspect a problem. The four-month contest window is short, evidence about capacity and influence gets harder to gather as time passes, and personal representatives have their own deadlines to defend the estate. Whether you're considering a challenge or bracing for one, an early conversation protects your options while you still have them.
Recentarticles.
Will contests and estate defense for Pacific Northwest families, on either side of the dispute. The four-month clock starts at probate.
Oseran Hahn P.S. · 11225 SE 6th St, Suite 100 · Bellevue, WA 98004
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