[WSBAPT] Probating an altered original will

[Nick Pleasants]

Sara,
Even though the altered sections cannot add new terms to the will, they arguably revoke the terms that have been crossed out. Estate of Malloy, 134 Wash.2d 316, 949 P.2d 804 (1998). Since you have an altered will, I would suggest setting a hearing with notice to all parties in advance.
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara Longley
Sent: Tuesday, July 19, 2022 1:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probating an altered original will

Hello listmates,

I am hoping one or more of you can give me some direction on my situation.  I am working on a Petition for Probate where the decedent was in the process of updating his will, and during that process he made alterations directly on his existing will.  Unfortunately he passed away before the new will was executed, so now we will be probating the marked-up original.

Because he wrote on the will in anticipation of doing an update, we can make a good argument he didn't intend to die intestate.  And because the alterations make giant changes to the testamentary scheme, I don't believe the court would accept them as valid changes without the required formalities of signature with witnesses; under the doctrine of dependent relative revocation the will should be probated as originally written.  We have a clean scan of the existing will to submit along with the altered original, so the court will be able to read it.

My question is this: if we are just asking the court to admit the will without giving effect to the alterations, and appoint the named PR (this provision was NOT altered), do we need to do anything special regarding notice to heirs/beneficiaries beforehand?

Thanks for your help,
Sara Longley


Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

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