[WSBAPT] Revoked portion of Will

[Eric Nelsen]

Yes, unfortunately the proof issues concerning such alterations of a will can be a problem. If the change is signed and dated, great; if it’s just a line through something, I do think it can be a fight as to whether it was an intentional revocation and also whether it was truly the testator who drew the line there.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Thursday, September 12, 2024 11:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Revoked portion of Will

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<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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