Lost Will? Recent Case Highlights Estate Challenges
Joan Lanzner signed her Will in 2012. When she died in 2022, her original Will could not be located. The court admitted an authenticated copy of the Will to probate. That Will left her estate to her biological son and two of her stepsons, Edward and Robert. It excluded her other stepson, Richard, and her biological daughter, Joni. Richard and Joni filed a challenge under Washington’s Trust and Estate Dispute Resolution Act (TEDRA), RCW 11.96A. They argued that the missing original Will meant Joan had revoked it under the common law presumption of revocation. After a three-day trial, the court found clear, cogent, and convincing evidence that Joan did not intend to revoke the Will. The Court of Appeals affirmed the decision in January 2026 and ordered Richard and Joni to pay the other family members’ legal fees.
Richard and Joni made a key mistake when they focused too heavily on a marked-up copy of the Will. In that copy, Joan had crossed out the beneficiaries’ names and handwritten a donation to a charity. They presented this as proof of revocation. However, testimony and medical records showed Joan suffered from Alzheimer’s disease starting around 2016. She developed a habit of writing on everything, including restaurant menus and knitting patterns. The trial court viewed the markings as equivocal and unreliable due to Joan’s cognitive decline. Richard and Joni failed to offer strong evidence of a lasting change in Joan’s intent. Meanwhile, the court credited evidence of Joan’s cordial ongoing relationships with Edward and Robert, even as her health worsened. This helped overcome the presumption of revocation.
Estate disputes involving lost or contested Wills often turn on difficult evidentiary issues like mental capacity and strength of relationships. Challengers must present compelling proof to shift the outcome, while executors need to defend the testator’s true wishes. The lawyers at Beresford Booth handle such complex matters every day. We guide clients through TEDRA litigation with clear strategies and strong advocacy. If you face an estate dispute or a trust dispute, please feel free to contact us directly at info@beresfordlaw.com or by phone at (425) 776-4100.