How can a will be revoked in Washington?
Full Question:
I got married in a secret ceremony without telling my parents. Now they’re really upset with me. I got to know that my dad in order to exclude me from his property tore off his will. Can tearing of a will be regarded as a proper revocation in Washington?
03/16/2017 |
Category: Wills and Es... » Revocation |
State: Washington |
#34047
Answer:
The making of a subsequent will would revoke the prior will. In the subsequent will, it can be stated expressly that the prior will is revoked. Otherwise, if the subsequent will is inconsistent with the prior will, then also the prior will gets revoked.
Other way of revocation would be, burning, cancellation, obliteration or destruction of the will with the intent and for the purpose of revocation. The testator can ask some other person to revoke his/her will in his presence. Therefore, what’s important here is the presence and the consent of the testator when some other person is revoking the testator’s will.
If a divorce happens after the making of the will, then if there is any provision granting any interest to the former spouse of the testator, then all such provisions would revoke.
If a remarriage happens between the former and the testator, and if the will or a part of it was revoked due to their divorce or marriage annulment, then all the provisions so revoked would be revived because of remarriage.
If there is any child of the testator who is not provided for in the will, and the child was adopted or born after the testator made the will, then such child would be entitled to receive a share, which is equal to what they would have got had there been no will. Unless the testator has made it clear in the will that, he intentionally excluded such child from the will.
If the testator marries after making his will but fails to provide for such spouse in the will, the unless the will provides to the contrary, the surviving spouse would be entitled to a share equal to what he/she would have got had the deceased died without a will.
If the testator makes a will and revokes his prior will, on revoking such subsequent will, the prior will won’t revive unless the testator has intention to revive his /her prior will on revocation of the subsequent will.For more information on revocation wills, have a look at the relevant laws in this regard.
Rev. Code Wash. (ARCW) § 11.12.040:
Revocation of will -- How effected -- Effect on codicils.
(1) A will, or any part thereof, can be revoked:
(a) By a subsequent will that revokes, or partially revokes, the prior will expressly or by inconsistency; or
(b) By being burnt, torn, canceled, obliterated, or destroyed, 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.
(2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the testator's intent.
Rev. Code Wash. (ARCW) § 11.12.051:
Dissolution, invalidation, or termination of marriage or domestic partnership.
(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995.
Rev. Code Wash. (ARCW) § 11.12.091:
Omitted child.
(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been named or provided for, the following rules apply:
(a) A child identified in a will by name is considered named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
Rev. Code Wash. (ARCW) § 11.12.095:
Omitted spouse or omitted domestic partner.
(1) If a will fails to name or provide for a spouse or domestic partner of the decedent whom the decedent marries or enters into a domestic partnership after the will's execution and who survives the decedent, referred to in this section as an "omitted spouse" or "omitted domestic partner," the spouse or domestic partner must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted spouse or omitted domestic partner has been named or provided for, the following rules apply:
(a) A spouse or domestic partner identified in a will by name is considered named whether identified as a spouse or domestic partner or in any other manner.
(b) A reference in a will to the decedent's future spouse or spouses or future domestic partner or partners, or words of similar import, constitutes a naming of a spouse or domestic partner whom the decedent later marries or with whom the decedent enters into a domestic partnership. A reference to another class such as the decedent's heirs or family does not constitute a naming of a spouse or domestic partner who falls within the class.
(c) A nominal interest in an estate does not constitute a provision for a spouse or domestic partner receiving the interest.
(3) The omitted spouse or omitted domestic partner must receive an amount equal in value to that which the spouse or domestic partner would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination the court may consider, among other things, the spouse's or domestic partner's property interests under applicable community property or quasi-community property laws, the various elements of the decedent's dispositive scheme, and a marriage settlement or settlement in a domestic partnership or other provision and provisions for the omitted spouse or omitted domestic partner outside the decedent's will.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
Rev. Code Wash. (ARCW) § 11.12.060:
Agreement to convey does not revoke.
A bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator or his or her next of kin, if the same had descended to him or her.
Rev. Code Wash. (ARCW) § 11.12.080:
Revocation of later will or codicil -- Effect -- Evidence.
(1) If, after making any will, the testator shall execute a later will that wholly revokes the former will, the destruction, cancellation, or revocation of the later will shall not revive the former will, unless it was the testator's intention to revive it.
(2) Revocation of a codicil shall revive a prior will or part of a prior will that the codicil would have revoked had it remained in effect at the death of the testator, unless it was the testator's intention not to revive the prior will or part.
(3) Evidence that revival was or was not intended includes, in addition to a writing by which the later will or codicil is revoked, the circumstances of the revocation or contemporary or subsequent declarations of the testator.
