Summary
| Jurisdiction | Washington |
Chapter Details
Summary| §13.1 | Court Procedures for Resolving Trust and Estate Disputes | ||
| (1) | Procedural Rules | ||
| (2) | Commencing an Action | ||
| (3) | Statute of Limitations | ||
| (4) | Standing | ||
| (5) | Subject Matter Jurisdiction | ||
| (6) | Venue and Changing Venue | ||
| (7) | Form and Service of Summons | ||
| (8) | Other Notice Issues Under TEDRA | ||
| (9) | Answer to Petition and Counterclaims | ||
| (10) | Initial Hearing | ||
| (11) | Discovery | ||
| (12) | Notice of Hearings and Events After the Initial Hearing | ||
| §13.2 | TEDRA Agreements | ||
| (1) | Application | ||
| (2) | Parties | ||
| (a) | Virtual Representation | ||
| (b) | Special Representatives | ||
| (3) | Form | ||
| (4) | When Binding | ||
| (5) | Filing | ||
| (a) | Permissive | ||
| (b) | Equivalent of Final Order | ||
| (c) | Subsequent Modification of Agreement by Parties | ||
| §13.3 | Will Contests | ||
| (1) | Procedural and Prefiling Considerations | ||
| (a) | Standing | ||
| (b) | Statute of Limitations | ||
| (c) | Burdens of Proof and Presumptions | ||
| (d) | Right to a Jury | ||
| (e) | No-Contest Clauses | ||
| (2) | Substantive Law of Will Contests | ||
| (a) | Invalid Execution | ||
| (b) | Lack of Testamentary Capacity | ||
| (c) | Undue Influence (and Duress) | ||
| (d) | Fraud | ||
| (e) | Safeguards for Defending Against Undue Influence, Fraud, and Mistake | ||
| (3) | Evidentiary Considerations | ||
| (a) | Deadman's Statute | ||
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| (b) | Medical Evidence | ||
| (c) | Physician-Patient Privilege | ||
| (d) | Attorney-Client Privilege | ||
| (e) | Testimony of Attorney Who Drafted the Will or Trust | ||
| §13.4 | Challenges and Disputes That Do Not Constitute Will Contests | ||
| (1) | Later-Dated Will | ||
| (2) | Lost Will | ||
| (3) | Lapsed Gifts and Survivorship Requirements | ||
| (4) | Widow's Election | ||
| (5) | Omitted Spouse | ||
| (6) | Omitted Child | ||
| (7) | Contracts to Make a Will | ||
| (a) | Written Contract to Make a Will | ||
| (b) | Oral Contract to Make a Will | ||
| (c) | Mutual Wills | ||
| (8) | Claims by Unmarried Partners | ||
| (a) | Claims by State Registered Domestic Partners | ||
| (b) | Claims to Property That Can Be Brought by Unmarried Partners | ||
| (c) | Claims Based on the Existence of a Committed Intimate Relationship | ||
| (d) | Does Widow's Election Concept Apply? | ||
| (9) | Tortious Interference With a Gift or Inheritance | ||
| (10) | Claims Regarding Forfeiture under Chapter 11.84 RCW— Inheritance Rights of Slayers or Abusers | ||
| (11) | Disputes Arising From Charitable Gifts and Bequests | ||
| (a) | Distinguishing Between Cy Pres and Equitable Deviation | ||
| (b) | Application of Equitable Deviation to Modify Trusts | ||
| (c) | Proper Parties to a Petition for Equitable Deviation or Cy Pres | ||
| (d) | Uniform Prudent Management of Institutional Funds Act (UPMIFA) | ||
| (e) | Historic Application of Cy Pres by Washington Courts | ||
| (f) | Modern Statutory Formulation of Cy Pres | ||
| (g) | Determination of Charitable Beneficiary When the Will or Trust is Ambiguous or When the Named Charity No Longer Exists | ||
| (12) | Reformation of Wills and Trusts | ||
| §13.5 | Procedures for Initiating and Responding to a Challenge | ||
| (1) | Admitting a Will to Probate | ||
| (2) | Contents of a Petition Contesting the Validity of a Will | ||
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| (3) | Notice and Service Requirements | ||
| (4) | Responding to a Will Contest | ||
| §13.6 | Revocation and Revival of Wills | ||
| (1) | Revocation by Subsequent Will or Physical Act | ||
| (a) | Express Revocation in Subsequent Will | ||
| (b) | Revocation by Inconsistent Provisions | ||
| (c) | Revocation by Physical Act | ||
| (d) | Limitations on Partial Revocation | ||
| (2) | Revocation by Operation of Law | ||
| (a) | Impact of Divorce on Bequests Under a Will | ||
| (b) | Impact of Divorce on "Nonprobate" Beneficiary Designations | ||
| (c) | Impact of Divorce on Community Property Agreement | ||
| (3) | Revival by Revocation of Subsequent Will | ||
| (a) | General Rules | ||
| (b) | Admissibility of Extrinsic Evidence of Testator's Intent | ||
| (4) | Dependent Relative Revocation | ||
| (a) | Definition | ||
| (b) | Alternative Analyses | ||
| (c) | Does the Doctrine Apply When Intestacy Is the Alternative Disposition? | ||
| (d) | Proof of Testator's Intent Is Required | ||
| §13.7 | Causes of Action and Remedies Against Fiduciaries | ||
| (1) | Elements of Fiduciary Duty | ||
| (2) | Unjust Enrichment | ||
| (3) | Conversion | ||
| (4) | Concealed or Embezzled Property | ||
| (5) | Procedures and Remedies in Actions Against Fiduciaries | ||
| (a) | Petition for Instructions | ||
| (b) | Declaratory Judgment | ||
| (c) | Damages and Surcharge | ||
| (d) | Accounting and Other Requirements to Furnish Information | ||
| (e) | Constructive Trust | ||
| (f) | Removal of the Personal Representative, Trustee, or Agent | ||
| §13.8 | Alternative Dispute Resolution Process Under TEDRA | ||
| (1) | Mediation | ||
| (a) | Forms for Notice of Mediation | ||
| (b) | Prior to Any Hearing Being Set | ||
| (c) | After a Hearing Has Been Set | ||
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| (d) | Hearing on Objection to Mediation | ||
| (e) | |||
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