[WSBAPT] Filing a probate in Chelan County with a partial revocation of will

[Lovie Bernardi]

Dear listmates,

 

I am filing a joint probate for the estates of a husband and wife in
Chelan County. The daughter is named as the backup Personal
Representative in both wills. In both wills, the same portions are
stricken by hand, signed and dated. The stricken portions concern
contingent beneficiaries (charities) who would take under the will if
the daughter did not survive. Applying the factors set forth in In re
Estate of Malloy, 143 Wn.2d 316, these changes are revocations, not
alterations and need not comply with the formalities required for the
execution of wills. Question: Is this a situation where it would be
advisable to present in person? I had hoped to e-file to keep costs down
(my office is in Seattle), then I received a copy of the wills from the
client and saw the alterations. I'm not sure how common this situation
is and how the commissioner will react. Any suggestions on the best way
to proceed? The daughter is the only heir.

 

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

 

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

 

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