[WSBAPT] Revoking/modifying a joint will - after death of one spouse

[Roger Hawkes]

TEDRA action may allow it; if all heirs and beneficiaries in old will agree, it should be allowed; maybe even if there is some disagreement.


Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000
Fax is 206 367 4005

From: G. (Gus) Benjamin Lindsey III [mailto:lindsey3 at gbl3law.com]
Sent: Friday, March 18, 2016 11:12 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Revoking/modifying a joint will - after death of one spouse

Good morning,

Married couple, years ago, created a joint will. H has died. W wants to create a new will based on a number of factors; changes to tax laws, intended heirs illness /mental capacity, etc.

My understanding, after reviewing a number of cases,  is that a true joint will, absent language in the will itself, cannot be modified after the death of one member of the marital community.

Can anyone point me to a case or other authority which would allow the surviving spouse to create a new will?

Thanks!


Sincerely,

G. (Gus) Benjamin Lindsey III
Attorney-at-Law
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The Law Office of G. Benjamin Lindsey III
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Lake Stevens, WA 98258

Phone:   (425) 263-9585

website: www.gbl3law.com<http://www.gbl3law.com/>

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