[WSBARP] Can a Will Revoke a JTWROS

[John J. Sullivan]

Jeff:

You are right that a super will provision will not achieve the client’s purpose. 

But “ [a] joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy ….”

https://app.leg.wa.gov/rcw/default.aspx?cite=64.28.010

The client can sever the JTWROS if he wants his interest to pass under his will to his son. 

John J. Sullivan

Sent from my iPad

> On Oct 27, 2021, at 6:56 AM, Jeff at bellanddavispllc.com wrote:
> 
> 
> Listmates,
>  
> PC owns house with his wife as JTWROS.  He now wants to bequeath his ½ interest to his son.  This is a blended family and PC is afraid if he predeceases W, that W will leave everything to her children.  Can a Will, in essence a Super Will, defeat the Joint Tenancy?   In looking at RCW 11.11.010(7)(a)(i), it appears a JTWROS, like Transfer on Death Deeds, defeat any Will provision that tries to change those non-probate designations.  Have any of you had experience with this issue?
>  
> Jeff Davis
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>  
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