Will Revocation and Revival Requirements in Washington

At a glance

Requirements one by one

Governing law and scope

Washington's central rules are RCW §§ 11.12.040, 11.12.051, 11.12.060, and 11.12.080. RCW § 11.02.005(2) defines a codicil as a will that modifies or partially revokes an earlier will, while the same section defines an electronic will as a will or codicil executed under the electronic-will article. Section 11.12.420 then makes an electronic will a will for all Washington-law purposes unless that article changes the ordinary rule.

Later will, codicil, or writing

RCW § 11.12.040(1)(a) recognizes a subsequent will that revokes the earlier will expressly or by inconsistency. It also expressly permits the later will to revoke only part. Because § 11.02.005 defines a codicil as a will, a properly executed codicil fits this statutory route; the section does not create a separate informal- note route.

Physical or electronic revoking act

The physical-act route in § 11.12.040(1)(b) uses the statute's exact list: burning, tearing, canceling, obliterating, destroying, “or a physical act.” The act must be performed with both the intent and purpose of revocation.

Section 11.12.420 applies ordinary will law to electronic wills. But § 11.12.040 lists physical acts and does not separately identify deleting a file, rendering a record unreadable, or losing control of an electronic record as a revoking act.

Act by another person

Another person may perform the § 11.12.040 act only in the testator's presence and by the testator's direction. Washington adds a proof rule that many states do not: two witnesses must prove both the testator's direction and the facts of the injury or destruction.

Partial revocation

The opening words of § 11.12.040 cover “a will, or any part thereof,” so both statutory routes can reach less than the entire instrument. The later-will route also says expressly that a subsequent will may partially revoke the earlier one, including through inconsistency.

Intent, proof, and presumptions

For a revoking act, § 11.12.040 requires intent and purpose. When another person acts, the two-witness rule is a proof requirement, not merely an execution formality. The revival statute adds a different evidence rule: under § 11.12.080(3), intent may be shown by the revoking writing, the circumstances of revocation, and the testator's contemporary or later declarations.

Divorce, annulment, and other family events

Under § 11.12.051, dissolution, invalidation, or termination of a marriage or domestic partnership revokes every will provision favoring or granting an interest or power to the former spouse or partner unless the will expressly says otherwise. The will operates as though that person died when the decree was entered. Remarriage to the former spouse or reregistration with the former partner revives the provisions revoked by this section.

Revival after a later will or revoking act

RCW § 11.12.080 creates opposite defaults. Destroying, canceling, or otherwise revoking a later will that wholly revoked the earlier will does not restore the earlier will unless revival was intended. Revoking a codicil instead revives the prior will or part that the codicil would have revoked, unless the testator intended not to revive it.

Reexecution, republication, and codicil effect

These sections do not impose a separate reexecution-only formula for revival. Section 11.12.080 makes intent controlling and identifies multiple sources of evidence. Section 11.12.040(2) separately provides that revoking a will in its entirety revokes its codicils unless taking down a codicil would contradict the testator's intent.

What trips people up

The two-witness rule applies when someone other than the testator performs the injury or destruction. A directed tear or cancellation is not fully proved merely because one person says the testator requested it; the statute requires two witnesses to prove the direction and the act.

Revival depends on what was revoked. Revoking a wholly revoking later will starts from no revival absent intent, while revoking a codicil starts from revival absent contrary intent. Treating both situations alike reverses one of Washington's two statutory defaults.

An electronic will is subject to ordinary Washington will law, but the current revoking-act section does not supply a distinct deletion or electronic-control test. Deleting one copy should not be assumed to produce the same statutory result as intentionally destroying a paper original.

Common questions

Does separation alone revoke a spouse's provisions?

Section 11.12.051 uses dissolution, invalidation, or termination as its triggers. It does not list separation without one of those status-ending events.

Does a contract to convey devised property revoke the devise?

No. RCW § 11.12.060 says a supported bond, covenant, or agreement to convey the property does not itself revoke the devise or bequest. The devise remains subject to the remedies that may be enforced on the agreement.

Can later statements help prove that the testator meant to revive an old will?

Yes. Section 11.12.080(3) expressly includes contemporary or subsequent declarations, along with the revoking writing and the circumstances, as evidence that revival was or was not intended.

Statutes and sources

• RCW § 11.02.005 — definitions. Defines codicil, electronic will, and will for Title 11. Official RCW (accessed 2026-08-01).
• RCW § 11.12.040 — revocation methods. Covers later wills, partial revocation, physical acts, intent, directed acts, two-witness proof, and the effect of whole-will revocation on codicils. Official RCW (accessed 2026-08-01).
• RCW § 11.12.051 — former spouse or domestic partner. States the automatic revocation, deemed-death construction, contrary-will exception, and remarriage or reregistration revival rule. Official RCW (accessed 2026-08-01).
• RCW § 11.12.060 — agreement to convey devised property. Says the agreement does not revoke the devise or bequest. Official RCW (accessed 2026-08-01).
• RCW § 11.12.080 — revival. Gives the different later-will and codicil defaults and lists evidence of revival intent. Official RCW (accessed 2026-08-01).
• RCW § 11.12.420 — electronic wills. Applies ordinary Washington will law and equity unless the electronic-will article modifies them. Official RCW (accessed 2026-08-01).