Can a Will or Trust Expire?

Your will is the record of everything you own and what you want done with it after you die. Without a will, the state or relatives will decide what happens to your assets.

Once you have a properly signed and executed will, you should give copies to the executor, but not beneficiaries. Your will may change several times throughout your life as circumstances such as marriage, divorce, death, or a change in financial situation necessitates an update.

For most people who own real estate, setting up a family trust is usually a worthwhile time and money saver. With a little bit of planning, you can ensure that your real estate and financial matters will be handled according to your desire and intent with less stress on your family and friends.

Can a Will Expire With Time?

A will does not expire merely because time passes. Review it after major life changes: later documents, revocation, changes in law and the way assets are owned can affect whether and how its provisions operate.

Later Wills and Revocation

A later will can revoke all or part of an earlier will expressly or through inconsistent provisions. Washington law also recognizes other methods of revocation. Source: RCW 11.12.040. Ask your attorney how to store the original and manage outdated copies.

When a Witness Has Died

The death of an attesting witness does not, by itself, revoke a will. Washington permits witness affidavits to establish the facts needed to prove a will, so live testimony is not always required. Source: RCW 11.20.020(2). Your attorney can review whether the original will and supporting proof are sufficient.

Over the past 34 years, the Law Offices of Christopher A. Benson has helped clients with estate planning. Contact our Federal Way office for a free initial consultation to discuss your goals and planning options.

Related reading: How to Make an Estate Plan.