[WSBAPT] Markings on the original Will

[Lovie Bernardi]

I have handled a probate with a marked up will. Look at RCW 11.12.040 and the annotations. In general, you can partially revoke a will by striking out provisions, but you can’t add to a will by writing something in. I did not need to go further than that with my probate because the strike outs and additions did not change the dispositive scheme of the original will. The case annotations for RCW 11.12.040 indicate that devises can be revoked or reduced but devises cannot be enlarged or new devises created. Sounds like your situation involves a significant change to the original testamentary scheme.

 

 

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: Monday, January 09, 2017 2:06 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Markings on the original Will

 

Hello, 

I am wondering if anyone has handled a probate with the original will being marked up by the testator and would be willing to share their experience. 

The estate should be around 500K. The only heirs are 2 brothers, the father crossed off the name of the PR (older brother) and wrote in and initialed the other brother's name. Everything is supposed to be divided equally between the brothers. 

There are some trust issues between the brothers. The older brother is unresponsive. 

The "newly appointed brother" is my PC. He is in possession of the original Will. 

Thoughts? Experience in handling a probate such as this one? 

Thanks, 

Setareh 



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Setareh Mahmoodi 

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