Revised Code of Washington - RCW Title 11 Probate And Trust Law - Section 11.12.080 Revocation of later will or codicil -- Effect -- Evidence

§ 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.

[1994 c 221 § 13; 1965 c 145 § 11.12.080. Prior: 1917 c 156 § 35; RRS § 1405; prior: Code 1881 § 1328; 1863 p 208 § 63; 1860 p 171 § 30.]

Notes:
     Effective dates -- 1994 c 221: See note following RCW 11.94.070.

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Last modified: April 7, 2009