By Matthew Cunanan, DC Law Group
The quick version: Sometimes, yes. In Washington, a person can cancel part of their own will by crossing it out — as long as they meant to cancel it. The law that allows this is RCW 11.12.040. But the rules about how a will is signed and changed (RCW 11.12.020) still matter, and courts look closely at what the person actually wanted. An old Washington case, In re Appleton’s Estate, says that if someone crosses out part of their will on purpose, that part can be dropped — as long as the rest of the will still makes sense on its own.
Think of a will like a grocery list you wrote yourself. You can scratch off an item you changed your mind about. But you can’t scribble a brand-new item at the bottom and expect the store to treat it the same way. Crossing out and adding are not the same.
Crossing out vs. adding new words
Crossing out part of your own will can work under RCW 11.12.040. But adding brand-new gifts, or changing who gets what, usually needs the formal steps — signing the change in front of witnesses — under RCW 11.12.020. Courts treat “taking away” and “adding” differently. Taking away is easier; adding is stricter.
What the court looks for
Two big questions: Did the person mean to cancel it? And did they do it themselves? In In re Appleton’s Estate, the court said a crossed-out part can be dropped if what is left still reads as a clear, sensible set of wishes. If crossing something out leaves the will confusing or impossible to read, that part can’t stand.
Why this matters in a family fight
After someone dies, families often argue about hand-written changes on a will. Whether a scratch-out counts can change who inherits and by how much. These cases turn on small details — the handwriting, what the person intended, and what is still readable. Most of these disputes are sorted out under Washington’s estate-fight law, TEDRA.
Talk to a Spokane estate lawyer
At DC Law Group, we help families deal with messy, marked-up, or last-minute wills. We’ll help you figure out what counts and what doesn’t. Call us at 206-677-9630.
Quick answers
Can I cross out part of my own will?
Possibly. Washington law (RCW 11.12.040) lets a person cancel part of their own will by crossing it out, if they meant to.
Can I add new gifts by writing them in?
Usually not without the formal signing-and-witness steps (RCW 11.12.020). Adding is treated more strictly than crossing out.
Who decides if a crossed-out will counts?
A judge, looking at what the person intended and whether the rest of the will still makes sense. (See In re Appleton’s Estate.)
This article gives general information about Washington law. It is not legal advice, and reading it does not make us your lawyers.
About the author: Matthew Cunanan is the founder of DC Law Group, a Spokane law firm. He has helped families and individuals with Washington estate and court cases for years. (Washington State Bar #42530.)