[WSBAPT] "Reciprocal Will of John Doe"

Tue Feb 24 09:19:04 PST 2015

Thanks Eric!

From: Eric Nelsen 
Sent: Monday, February 23, 2015 5:24 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] "Reciprocal Will of John Doe"

>From Reutlinger:

The execution of simultaneous and/or reciprocal wills is not evidence of any contract or agreement that they should be irrevocable, absent any reference to such an agreement in the wills.[121] Although the content of the wills can strongly indicate existence of an agreement not to revoke,[122] there is no substitute for a recitation of the agreement in the will[123] or another writing.[124] Lacking such a writing, the court will consider such factors as an inequitable division of property as disproving that there was a contract.[125]

If the will is to refer to the agreement not to revoke, it should do so clearly and should not leave anything open to a different interpretation.[126]

When the Statute of Frauds is involved, the mere making of the mutual wills is not sufficient part performance to remove it from the statute.[127] The burden of proof of mutual wills is the same as for other will contracts.[128]

[121] In re Gulstine's Estate, 154 Wash. 675, 282 P. 920 (1929); In re Weir's Estate, 134 Wash. 560, 236 P. 285 (1925).

[122] See Prince v. Prince, 64 Wash. 552, 117 P 255 (1911), distinguished in Weir's Estate, 134 Wash. 560.

[123] Newell, 23 Wn.App. 767, distinguishing Richardson's Estate, 11 Wn.App. 758.

[124] In re Krause's Estate, 173 Wash. 1, 21 P.2d 268 (1933).

[125] Arnold v. Beckman, 74 Wn.2d 836, 843, 447 P.2d 184 (1968); Clark v. Crist, 178 Wash. 187, 34 P.2d 360 (1934).

[126] See Richardson's Estate, 11 Wn.App. 758.

[127] Allen v. Dillard, 15 Wn.2d 35, 50, 129 P.2d 813 (1942); In re Gulstine's Estate, 154 Wash. 675, 681, 282 P. 920 (1929).

[128] Richardson's Estate, 11 Wn.App. at 762.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Monday, February 23, 2015 4:34 PM
To: WSB Listserv
Subject: [WSBAPT] "Reciprocal Will of John Doe"

Colleagues,

In a blended family, husband has died.  His Will, and surviving wife’s Will, were prepared by the same attorney and signed on the same day.  They are both titled “Reciprocal Will of -----------.”  There is no other language in the documents re: reciprocity or an agreement to not amend or revoke Wills.  

May wife change her Will?

Thanks in advance for any thoughts -

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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