[WSBAPT] lapsed distribution - please help

[Heather deVrieze]

Melinda,

I would expect that this would pass to the other percentage beneficiaries in proportion to their original share. So that if a 10% beneficiary's share lapses, a remaining 10% beneficiary would take 10/90 or one-ninth of the total estate.

Absent language in the will that says otherwise, I would notify the remaining beneficiaries that this is what the Personal Representative intended to do, and wait for them to object.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Sunday, January 31, 2016 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] lapsed distribution - please help

A lapsed gift in a probate we're running is raising this issue which is making my head hurt, so I'm hoping someone can help me see the light ;)   Here's the deal:

The other beneficiaries under the Will include not only persons, but also a church.  All beneficiaries have been bequeathed a specific % of estate, and each is a different %.
RCW 11.12.120(1) states that a lapsed gift  "...falls into the residue to be distributed to the residuary clause of the will, if any, but otherwise acc to laws of descent & distribution..."
Here, there is no residuary clause in the will.
My confusion is:    the laws of descent & distribution apply to persons, but I do not see how to apply this statute to entities
Would I be safe to assume that each remaining beneficiary (whether person or entity) will share the lapsed gift equally?  Or would they share in proportion to their respective interests in the remaining part of the estate?
I really appreciate any input - I highly suspect I am just tired and not seeing the obvious here...  but I'm not too proud to ask

Melinda


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