Assisting clients with issues related to the validity of trusts and wills in Washington State

The law related to wills, trusts, and probate is extremely complicated and varies greatly from state to state. In Washington, the law that governs the creation of trusts and wills is set forth in Title 11 of the Revised Code of Washington¹.

In order for a will or trust to be valid, there are several formalities that must be followed – if they are not, the will or trust will fail and a deceased individual’s estate will be distributed according to the rules of intestate succession². Often, this will result in a much different distribution of assets than was intended by the deceased individual, potentially resulting in an extremely unfavorable result.

The rise of “do-it-yourself” wills and trust legal assistance can often result in defective wills and trusts, as can attorney errors or malpractice. The unfortunate fact is that these errors will often go unnoticed until it is time to execute the will or trust, at which point the true intent of the deceased individual can be impossible to determine.

Fortunately, there are many ways that an experienced defective will and trust attorney can help family members ensure that their loved one’s true wishes are carried out.

What causes wills and trusts to fail?

There are many potential reasons that a will or trust may be deemed unenforceable by a Washington court. Some of the more common reasons include the following:

• Inconsistent or ambiguous terms
• Terms that are contrary to public policy
• Noncompliance with formalities such as being signed or the required number of witnesses
• Void for lack of funding
• An invalid trust purpose

A trust or will may be deemed invalid for other reasons as well. Of course, the best way to avoid this situation is to create your will or trust with the assistance of an experienced attorney.

For beneficiaries and other who have found themselves dealing with a defective will or trust, contacting legal counsel immediately can ensure that your issue is brought to a successful resolution as soon as possible.

Contact a Seattle and Tacoma defective will and trust attorney today

The lawyers of the Dickson Frohlich Phillips Burgess have over 100 years of combined experience helping people engaged in defective will, trust, and probate litigation.

¹ https://app.leg.wa.gov/rcw/default.aspx?Cite=11

² https://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015

Featured Testimonial

“I have had the opportunity/pleasure to work with Dickson Frohlich Phillips Burgess. The entire staff is very knowledgable and congenial. They are very competent when it comes to all facets of their business. I would highly recommend them to anyone inquiring about their services and look forward to a continuing successful relationship with this highly trained and professional group of people. Please contact me if you would like more details but be rest assured when you work with Dickson Frohlich Phillips Burgess you can expect nothing but the best service, highest form of expertise and continued support throughout the process. Thank you Dickson Frohlich Phillips Burgess!”

Review by: Bobby G.

Reviewing: Seattle Defective Will and Trust Attorney

Date published: 2014-08-14

Rating: ★★★★★ 5 / 5 stars

*DISCLAIMER: Please note that every case is different and presents its own unique set of variables. Thus, no guarantee can be made that you will obtain the same or similar result as a previous client.