[WSBAPT] Revoked portion of Will

[Mark Anderson]

It seems to me that striking a specific bequest would fall under the provisions of the RCW you cite.  But adding a specific bequest would require the change to be executed in the same manner as a codicil.

It would be helpful if you had two people who directly witnessed the Decedent making these changes.  You should be able to use their affidavits as witnesses, even if they executed the affidavits after the Decedent's death.  However, the Decedent's initials may not constitute a signature for the purpose of execution.

If any portion of the specific bequest involves tangible personal property, I suppose an argument could be made that RCW 11.12.260 applies.  Not to say that that argument will win…

Mark B. Anderson
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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://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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