[WSBAPT] Anti-lapse question

[Valerie Ohlstrom]

Please answer to the list. Thank you.

Very Truly Yours,

 

Val

 

Valerie O. Ohlstrom

 

Ohlstrom Law Office

 <mailto:vohlstrom at comcast.net> valerie at ohlstromlaw.com

 <http://www.ohlstromlaw.com/> www.ohlstromlaw.com

(425) 881-5251

 

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lincoln Miller
Sent: Thursday, August 11, 2016 12:31 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Anti-lapse question

 

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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