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.
To schedule a consultation with of our experienced will, trust, and probate litigation attorneys, call Dickson Frohlich Phillips Burgess today at 206-621-1110 OR 253-572-1000.
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. CONTACT OUR OFFICE NOW AT 206-621-1110 OR 253-572-1000 TO SCHEDULE A FREE 15-MINUTE CONSULTATION WITH ONE OF OUR ATTORNEYS.
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