[WSBAPT] Revoked portion of Will

[Lewis, Amy C.]

Kendel,

                There is a case from the late 1990s that addresses this.  We just looked at it in a similar case we are handling.  I don’t have it handy, but I’ll track it down.


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
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://app.leg.wa.gov/rcw/default.aspx?cite=11.12.040> 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

Attorney, Froese Law PLLC<https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here<https://calendly.com/froeselawpllc>!


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