When the Original Will Cannot Be Found
Joan Lanzner signed her Will in 2012. When she passed away in 2022, the original document could not be located. The trial court admitted an authenticated copy of the Will to probate. Under its terms, Joan’s estate passed to her biological son and two of her stepsons, Edward and Robert. Another stepson, Richard, and her biological daughter, Joni, were not included.
Richard and Joni challenged the probate under Washington’s Trust and Estate Dispute Resolution Act (TEDRA), RCW 11.96A. They argued that because the original Will was missing, the law presumed Joan had revoked it. After a three-day bench trial, the court concluded there was clear, cogent, and convincing evidence that Joan did not intend to revoke her Will. The Washington Court of Appeals affirmed that decision in January 2026 and ordered Richard and Joni to pay the other beneficiaries’ attorney fees.
The Impact of Evidence and Capacity
A central issue at trial involved a marked-up copy of the Will. On that document, Joan had crossed out beneficiary names and handwritten a charitable gift. Richard and Joni relied heavily on this copy to argue that Joan intended to revoke her prior estate plan.
The court was not persuaded. Medical records and witness testimony established that Joan began experiencing symptoms of Alzheimer’s disease around 2016. Evidence showed she frequently wrote on various papers without clear purpose, including menus and household items. Given her cognitive decline, the court found the handwritten markings ambiguous and unreliable as proof of revocation. In contrast, testimony showed that Joan continued to maintain positive relationships with Edward and Robert as her health declined. This evidence supported the conclusion that her intent had not changed.
Lessons for Estate Disputes
Disputes involving lost or contested Wills often hinge on difficult factual questions, including mental capacity, consistency of conduct, and the nature of family relationships. Challengers must overcome significant evidentiary burdens, while personal representatives and beneficiaries may need to present detailed proof of the decedent’s intent.
Beresford Booth represents clients in trust and estate disputes, including TEDRA proceedings, throughout Washington. If you are facing a contested Will or trust matter, you may contact the firm at info@beresfordlaw.com or by phone at (425) 776-4100.
