A will is a formal legal document that lays out your directions for distribution of assets following your passing. A will provides guidance, nominating who will be responsible for managing your affairs. Wills are a basic element of estate planning and something everyone should have.
Basic Will Requirements in Washington State
Chapter 11.12 of the Revised Code of Washington outlines the basic, required elements of a valid will:
• The will must be in writing
• The person making the will must be at least 18 years old
• The person making the will must be of sound mind
• A testator (person who drafts the will) must sign it in the presence of at least two witnesses
• The two witnesses must sign the will via declaration or in front of a public notary
Washington State does not allow oral (nuncupative) wills, except in limited circumstances for armed service members.
If a party does not believe a will is valid or that it does not accurately capture the person’s wishes, they can file a petition to contest the will and give notice to the executor. A petition will explain the filer’s reason for objecting to the will. Anyone who has a direct financial interest in the execution of a will is eligible to file a will of contest petition.
What Happens If a Will is Invalid?
If a court reviews a petition to contest and finds the will invalid, it will annul and revoke the document, rendering any previous probate action null and void. However, the law protects the personal representative from civil liability for any actions they took in good faith while acting as the personal representative.
Are Foreign Wills Valid in Washington State?
Yes, foreign wills – i.e., wills executed outside of Washington State – are valid in Washington as long as they are valid in their original jurisdiction. This applies both to wills from other states in the U.S. and to wills from other countries. Note, however, that it may not be possible to completely execute a will from a foreign nation in Washington State due to differences between state laws and the laws of the country where the will originated. An experienced estate planning attorney can evaluate your situation and clarify your options.
Empowering Futures with Effective Estate Planning
Ensuring you have a comprehensive and valid will is the first step to planning for your future. Contact ELG Estate Planning online or call one of our office locations today to speak to one of our attorneys in Washington State.