5-27.01 Will Contests.
(a) The right to institute or continue a proceeding to contest the validity of a will survives and
descends to the heir, legatee, devisee, executor, administrator, grantee, or assignee of the
person entitled to institute the proceeding.
(b) Upon the filing of the petition, process shall be issued, served and proof of service given as
prescribed in other civil cases.
Section 5-28 Grounds of Will Contest
5-28.01 Grounds of Will Contest.
(a) If anyone appears to contest the will, he must file written grounds or opposition to the probate
thereof, and serve a copy on the individual petitioning for the probate of the will and other heirs
in the estate within 2 months after the admission of the will to probate.
(b) Issues of fact and law that may be considered by the court will be as follows:
(1) The competency of the decedent to make the Last Will and Testament.
(2) Whether the will was the result of duress, menace, fraud or undue influence.
(3) Whether the will is in legal form and was properly executed.
(c) Any other questions substantially affecting the validity of the will under applicable laws of the
State of Washington.
Section 5-29 Hearing Upon Will Contest
5-29.01 Hearing Upon Will Contest.
(a) A hearing shall be held to determine the issues raised by the contest.
(b) If the court, for any reason, decides that the will is invalid, or that it was not sufficiently proven
to have been the Last Will and Testament of the testator, the will itself and the resultant probate
thereof shall be void and any powers of the personal representative shall cease.
(c) The personal representative shall not be liable for any act done in good faith previous to such
voiding.
Section 5-30 Appeal
5-30.01 Appeal. Any party aggrieved by the action of the Court in sustaining or rejecting a will contest shall
have the right to appeal the determination in the same manner as prescribed in civil cases.
Section 5-31 Power to Appoint Guardian Ad Litem
5-31.01 Power to Appoint Guardian Ad Litem. Upon the filing of a petition contesting a will the Tribal Court
shall appoint a guardian ad litem for any minor, incompetent or person not in being who might be legally
affected by the outcome of the will contest.
Section 5-32 Duties of Guardian Ad Litem
5-32.01 Duties of Guardian Ad Litem. Any guardian ad litem appointed under this Chapter shall appear and
defend on behalf of the minor, incompetent or person not in being whom he represents.
Section 5-33 Compensation of Guardian Ad Litem
5-33.01 Compensation of Guardian Ad Litem. The guardian ad litem shall be entitled to such reasonable
compensation as may be fixed by the Court to be taxes as costs in the proceedings and paid in the course of
the administration of the estate.
Section 5-34 Surviving Spouse and Child's Award
5-34.01 Surviving Spouse and Child's Award. The surviving spouse of a decedent, whose estate is being
administered by the Spokane Tribal Court, shall be allowed as the surviving spouse's own property free from
execution, garnishment or attachment such sums of money from the estate of the decedent as the Court
deems reasonable for the support of the surviving spouse for a period of 6 months after the death of the
decedent.
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Revised Spokane Law & Order Code, 5/14/2013