[WSBAPT] lapsed distribution - please help

Melinda Grout mkgroutlaw at gmail.com
Sun Jan 31 16:30:10 PST 2016


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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