A Surviving Spouse is a Necessary Party to a Will Contest

When Virgil Becker died his will gave his entire estate to his youngest daughter by his second marriage. Becker’s will left nothing to his widow, his ex-spouse, or his daughters bythe ex-spouse. Washington law provides rules for judicial andnonjudicial settlements of estate contests and define interested parties toinclude all those beneficially interested in the estate.  

In re Estate of Becker, the Washington Supreme Court held that a surviving spouse who isnot a beneficiary of the will of his or her deceased spouse is a necessaryparty to the settlement of a will contest because if the will is invalid, thesurviving spouse would receive half the probate estate either through inintestacy or the omitted spouse statute.

In reEstate of Becker, 298 P.3d 720 (Wash. 2013)

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.