Can tearing a will revoke it 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?

Category: Wills and Estates
Subcategory: Revocation
Date: 04/07/2025
State: Washington

Answer:

Yes, in Washington, a will can be revoked by tearing it. However, it's essential to establish that your dad intended to revoke the will when he tore it. If he did, then the revocation is valid under Washington law.

Other methods to revoke a will include:

Creating a new will that expressly revokes the previous one or is inconsistent with it.
Burning, canceling, obliterating, or destroying the will with the intent to revoke it. This can also be done by another person in the presence and at the direction of the testator, but it must be proven by two witnesses if someone else does it.

Additionally, certain events can affect a will:

If a divorce occurs after a will is made, any provisions favoring the former spouse are revoked unless stated otherwise in the will.
If the testator remarries after a divorce, the revoked provisions may be revived.
If a child is born or adopted after the will is made and is not mentioned in it, they may be entitled to a share of the estate unless the will clearly states otherwise.
New spouses or domestic partners who are not mentioned in the will may also be entitled to a share of the estate unless the will indicates intentional exclusion.

For more details on revocation of wills, refer to Rev. Code Wash. (ARCW) § 11.12.040.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the ways to revoke a will in Washington?

In Washington, a will can be revoked in several ways. You can create a new will that explicitly revokes the previous one or is inconsistent with it. Additionally, you can revoke a will by burning, canceling, obliterating, or destroying it with the intent to revoke. This destruction can also be done by someone else at the testator's direction, but it must be witnessed by two individuals. It's crucial to demonstrate the testator's intent to revoke the will for the revocation to be valid under Washington law.

Does divorce affect a will in Washington?

Yes, in Washington, if a divorce occurs after a will is created, any provisions favoring the former spouse are automatically revoked unless the will states otherwise. This means that if you divorce, your ex-spouse will not inherit anything from your estate unless the will explicitly includes them. It's important to review and update your will after significant life changes like divorce.

What happens to a will if a child is born after it is made in Washington?

In Washington, if a child is born or adopted after a will is created and is not mentioned in it, that child may be entitled to a share of the estate. This is true unless the will clearly states that the testator intended to exclude any future children. It's advisable to update your will after the birth or adoption of a child to ensure your intentions are clearly documented.

Can a new spouse inherit if not mentioned in a will in Washington?

In Washington, if a new spouse is not mentioned in a will, they may still be entitled to a share of the estate. This is unless the will explicitly indicates that the new spouse is intentionally excluded. It's important to revise your will after marriage to reflect your current wishes and ensure that your new spouse is adequately provided for.