Summary
The Washington Supreme Court held that a surviving spouse who was expressly excluded from a decedent’s will nevertheless had standing to participate in a third-party will contest. Because the spouse would inherit a substantial share of the estate if the will were invalidated, she had a direct, immediate, and legally ascertainable interest under TEDRA. The court vacated the lower courts’ standing orders and remanded for further proceedings, including consideration of guardian ad litem fees.
Topics
Practice areas
Questions Presented
- Whether a surviving spouse who is expressly excluded from a decedent's will has standing to participate in a third-party will contest when the spouse would inherit a substantial share if the will were invalidated.
- Whether Nancy Becker was entitled to participate in proceedings to review and approve the CR 2A settlement agreement.
- Whether the guardian ad litem's request for appellate compensation should be determined on remand.
Holdings
- A surviving spouse who would inherit directly if the challenged will were declared invalid has a direct, immediate, and legally ascertainable interest in the estate and therefore has standing to participate in the will contest.
- Because Nancy had a legally cognizable interest in the outcome of the will contest, she was entitled to participate in proceedings related to the contest, including review and approval of the CR 2A settlement agreement.
- The issue of whether the guardian ad litem's appellate actions were within the scope of her appointment and therefore compensable must be determined by the trial court on remand.
Key quotations
“A person has standing if they have a direct, immediate, and legally ascertainable interest in an estate.” (177 Wash. 2d at 242)
“An individual that stands to benefit directly if a will is declared invalid necessarily has an interest in a contest of that will.” (177 Wash. 2d at 250)
“Under TEDRA, individuals with such an interest are parties to the will contest and all such parties must approve any settlement.” (177 Wash. 2d at 250)
Factual background
Tory Becker died in a 2008 plane crash, leaving a will that gave his entire estate to his youngest daughter and expressly excluded his surviving spouse, Nancy Becker, and three adult daughters from a prior marriage. The adult daughters contested the will and, with Tory's first wife, filed creditors' claims; several parties then entered a CR 2A settlement agreement that Nancy refused to sign. The trial court removed Nancy as personal representative and ruled that she lacked standing to participate in the settlement, creditors' claims, or will contest.
Procedural history
After Tory Becker's death, his adult daughters contested his will, which left everything to his youngest daughter and nothing to his surviving spouse, Nancy. The trial court determined that Nancy lacked standing to participate in the will contest and settlement proceedings, and the Court of Appeals affirmed. The Supreme Court reversed the Court of Appeals, vacated the trial court's standing-related orders, and remanded for further proceedings, including determination of the guardian ad litem's entitlement to fees.
Remand instructions
Reverse the Court of Appeals on Nancy's standing; vacate the trial court's orders entered after May 20, 2010, determining that Nancy lacked standing; permit Nancy notice of and participation in proceedings related to the will contest, including review and approval of the CR 2A settlement agreement; and remand the guardian ad litem compensation issue to the trial court to determine whether the appellate actions were within the scope of the appointment.