[WSBAPT] Anti-lapse question

[Lincoln Miller]

Will provides as follows:

1.       I give $1000 to granddaughter.

2.       For purposes of this Will, any beneficiary shall be deemed to have predeceased me if such beneficiary's death occurs within 90 days of my own.
Granddaughter's death occurs within 90 days of decedent's death.
Because the beneficiary is the decedent's granddaughter, the antilapse statute applies and the gift passes to the granddaughter's descendants (RCW 11.12.110). However, under RCW 11.12.120, a gift lapses if the Will makes the gift conditional on surviving the testator. I don't believe that #1 and #2 are saying that the gift is conditional on survival. Instead, my interpretation is that the survivorship provision is designed to insure that the gift doesn't pass to granddaughter's estate and instead passes to granddaughter's descendants. Correct?

Lincoln Miller

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