[WSBAPT] Revoked portion of Will

[Jamia Burns]

This is greatly concerning to me because someone else could just strike a
specific gift after finding the will.

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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On Thu, Sep 12, 2024 at 11:01 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> I agree with the other posters, that revocation can be done by striking
> out, but putting in new or substitute language requires a codicil or
> otherwise following will formalities.
>
>
>
> On first analysis that means the strikeouts eliminate the dollar amount
> gifts but the write-ins are not effective to give those beneficiaries the
> new dollar amount. But it’s possible that the strikeout would be ignored
> under doctrine of dependent relative revocation. See *In re Estate of
> Bowers*, 132 Wn. App. 334, paragraph 22, 131 P.3d 916 (2006).
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.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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