[WSBAPT] RCW 11.12.051 (dissolution of marriage)

[Jeanne Dawes]

Dear listmates:

Has anyone run into a situation where the Last Will and Testament names
as a beneficiary a person, who at the time of making the will was not
married to testator, but who subsequently married and divorced testator.
At the time the will was made (1987), the testator was married to
someone else, and subsequently divorced.     At the time of death the
testator was unmarried.  I'm hoping that RCW 11.12.051 which revokes
provisions in a will as to former spouses will not apply in this
scenario, since the two were not married at the time the will was made.
Testator never revoked the will or made a new will.  

If you've run into this before, or have any insight as to what a court
might do, I would appreciate hearing from you.  I do not have any
beneficiaries contesting where the meager balance of this estate should
go.  The testator left his estate in trust, giving the trustee
discretion to choose among a short list of people where estate should
go.     Trustee wants it to go to the ex-wife who was not married to
testator at the time the Will was created.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com
  
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