[WSBAPT] Validity of Will

[James Bates]

Party executes what appears to be a valid will in 1991.  All statutory requirements for will creation are met.

Sometime after that someone…I’m assuming the decedent…wrote all over the will in pencil.  Changes included who will serve as executor, distribution, etc.  Of course these changes are not witnessed, signed, initialed, etc.

We originally opened the probate as an intestate estate and recently discovered this document.  Estate is rather small and, of course, distribution is different between the original will, the changes, and intestate succession.

In my opinion the pencil changes are not valid; however, I’m looking for input/suggestions as to how to proceed.  Do I admit the will as written in 1991, or can an argument be made that the pencil changes revoked the will?

Thanks for any input/suggestions/help.

James Bates, Attorney
Luce & Associates, P.S.
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