RCW 11.12.160
Interested witness—Effect on will.
(1) An interested witness to a will is one who would receive a gift under the will.
(2) A will or any of its provisions is not invalid because it is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence.
(3) If the presumption established under subsection (2) of this section applies and the interested witness fails to rebut it, the interested witness shall take so much of the gift as does not exceed the share of the estate that would be distributed to the witness if the will were not established.
(4) The presumption established under subsection (2) of this section has no effect other than that stated in subsection (3) of this section.
[ 1994 c 221 § 16; 1965 c 145 § 11.12.160. Prior: 1917 c 156 § 38; RRS § 1408; prior: Code 1881 § 1331; 1863 p 209 § 67; 1860 p 171 § 34.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.12.010 - Who may make a will.
11.12.020 - Requisites of wills—Foreign wills—Electronic presence.
11.12.025 - Nuncupative wills.
11.12.030 - Signature of testator at his or her direction—Signature by mark.
11.12.040 - Revocation of will—How effected—Effect on codicils.
11.12.051 - Dissolution, invalidation, or termination of marriage or domestic partnership.
11.12.060 - Agreement to convey does not revoke.
11.12.070 - Devise or bequeathal of property subject to encumbrance.
11.12.080 - Revocation of later will or codicil—Effect—Evidence.
11.12.095 - Omitted spouse or omitted domestic partner.
11.12.110 - Death of grandparent's issue before grantor.
11.12.120 - Lapsed gift—Procedure and proof.
11.12.160 - Interested witness—Effect on will.
11.12.170 - Devise of land, what passes.
11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.
11.12.185 - Doctrine of Worthier Title abolished—Exception.
11.12.190 - Will to operate on after-acquired property.
11.12.220 - No interest on devise unless will so provides.
11.12.230 - Intent of testator controlling.
11.12.255 - Incorporation by reference.
11.12.260 - Separate writing may direct disposition of tangible personal property—Requirements.
11.12.265 - Filing of original will with court before death of testator.
11.12.400 - Electronic wills—Short title.
11.12.410 - Electronic wills—Definition.
11.12.420 - Electronic wills—Applicable law.
11.12.430 - Electronic wills—Execution—Choice of law.
11.12.440 - Electronic wills—Execution—Procedure.
11.12.450 - Electronic wills—Self-proving.
11.12.460 - Electronic wills—Qualified custodians—Eligibility.
11.12.470 - Electronic wills—Qualified custodians—Duties.
11.12.480 - Electronic wills—Certified paper copies.
11.12.490 - Electronic wills—Uniformity of application and construction.