[WSBAPT] Revoked portion of Will

[Bryce Dille]

If a monetary bequest was struck through but then in handwriting the testator made an a alternate bequest and if the change was not witnessed so as not to become effective does the fact that the gift was struck through eliminate the bequest even though the alternative disposition is not effective

Bryce H. Dille
Dille Law, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kendel Froese
Sent: Thursday, September 12, 2024 9:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Revoked portion of Will

Good morning colleagues:

I have an interesting probate question:
Decedent executed a Will and died a month later. Within this month, he made a slew of handwritten & initialed "changes" to the Will. A few were changing dollar amounts of gifts, which I don't think are valid. But the Decedent also used a permanent marker to completely strike through a gift. I am curious if RCW 11.12.040(1)(b)<https://urldefense.proofpoint.com/v2/url?u=https-3A__app.leg.wa.gov_rcw_default.aspx-3Fcite-3D11.12.040&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=4Kz7LH_YlXmM5suu2FZHCDfn2iticf_G_1JkvpLCiZFgrc1NJ_bKc2YawZ7Jq10y&s=PireecmbyXm4Z9nIhkWQt7R3LJkBKI9zceex2g0qALI&e=> applies -

(1) A will, or any part thereof, can be revoked:
(b) By being burnt, torn, canceled, obliterated, destroyed, or a physical act, with the intent and for the purpose of revoking the same, by the testator or by another person in the presence and by the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the facts of such injury or destruction must be proved by two witnesses.

I am looking at case law to see interpretations of this RCW, but wanted to reach out to the brain trust to see if anyone has experience with this RCW or can reference case law to give me a shortcut.

Thank you in advance!

Warmly,
Kendel

--

Kendel Froese

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