[WSBAPT] Validity of Will

[Eric Nelsen]

I don't have case law for you, but I don't think that changes to specific provisions in a Will would ever be deemed a total revocation of the entire Will--meaning revocation of even the provisions that were not actually struck through. Striking out a specific term, it seems to me, is not evidence of an intent to revoke anything but that specific term. And striking out multiple specific terms in the same Will seems even more indicative of an intent to only revoke the parts struck out, and leave the remainder. Otherwise, why not just draw a big "X" through each page, or tear up the original.…

Sincerely,

Eric

Eric C. Nelsen
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James Bates
Sent: Monday, June 26, 2017 1:41 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Validity of Will

Thanks to Ms. Bernardi and Mr. Sullivan for your input.  I have read Estate of Malloy and it appears to me that Ms. Bernardi’s point is correct that some notes are “partial revocations” and some are “alterations.”  I guess what is tripping me up is the question “Can the number of changes to a document ever rise to the level of revocation without specific language revoking or cancelling the document pursuant to 11.12.040?”

I can’t find any case law directly on point.

James Bates, Attorney
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