Wash. Rev. Code » Title 11 · Chapter 11.12
Revised Code of Washington

Wash. Rev. Code § 11.12.160 (2026)

Interested witness—Effect on will

✓ current as of May 2026
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(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 s 16; 1965 c 145 s 11.12.160. Prior: 1917 c 156 s 38; RRS s 1408; prior: Code 1881 s 1331; 1863 p 209 s 67; 1860 p 171 s 34.]

Notes:

Effective dates—1994 c 221: See note following RCW 11.100.035.
Notes of Decisions
Cited in 5 cases, 2004–2012 · leading case: Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004).
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Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). · cites it 2× “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
In Re Est. of Black, 102 P.3d 796 (Wash. 2004). · cites it 2× “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
Melter v. Melter, 273 P.3d 991 (Wash. Ct. App. 2012). · cites it 2× “RCW 11.12.160(2). Indeed, if the showing is sufficient, a presumption of undue influence attaches: "[C]ertain facts and circumstances bearing upon the execution of a will may be of such nature and force as to raise a suspicion, varying in its strength, against the validity of…”
Golden v. World Gospel Mission, 146 Wash. App. 132 (Wash. Ct. App. 2008). · cites it 2× “¶7 In November 2006, Golden moved to disqualify World Gospel Mission as a trust beneficiary under RCW 11.12.160. In December, Golden filed an amended petition arguing in part that Fivecoat had witnessed the wills’ execution and represented World Gospel Mission as a 75 percent…”
In Re Est. of Palmer, 189 P.3d 230 (Wash. Ct. App. 2008). “¶ 7 In November 2006, Golden moved to disqualify World Gospel Mission as a trust beneficiary under RCW 11.12.160. In December, Golden filed an amended petition arguing in part that Fivecoat had witnessed the wills' execution and represented World Gospel Mission as a 75 percent…”
— Wash. Rev. Code § 11.12.160(2) — 3 cases
Melter v. Melter, 273 P.3d 991 (Wash. Ct. App. 2012). “RCW 11.12.160(2). Indeed, if the showing is sufficient, a presumption of undue influence attaches: "[C]ertain facts and circumstances bearing upon the execution of a will may be of such nature and force as to raise a suspicion, varying in its strength, against the validity of…”
Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
In Re Est. of Black, 102 P.3d 796 (Wash. 2004). “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
— Wash. Rev. Code § 11.12.160(3) — 2 cases
Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
In Re Est. of Black, 102 P.3d 796 (Wash. 2004). “RCW 11.12.160(2); Estate of Chambers, 187 Wash.”
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