Malloy v. Smith

In this appeal we are asked to determine *318whether a testator’s penciled-in cancellation of a trust provision and of a specific bequest is effective as a “partial revocation” of her will or is an alteration or modification of the will and, therefore, subject to the formalities required for the execution of wills. We hold that an attempted revocation which significantly alters the design or result of a will creates a new will which must be executed and attested to according to the requirements of RCW 11.12.020.

The testator’s attempted revocation in this case resulted in a significant change in…