[WSBAPT] 11.96A.120 - Virtual Representation - Conflict

[Heather deVrieze]

I have always believed the answer to this question was no, but  . . .  when in doubt a review of the statute is always a good idea, followed by seeking advice from the learned members of this list.

Does the doctrine of Virtual Representation allow a beneficiary of an estate to disclaim an interest in the estate not only on his own behalf, but also on behalf of his minor child?

11.96A.120 (4)(f) says "To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to the particular question or dispute". . . . "A parent may represent and bind the parent's minor or unborn child or children if a guardian for the child or children has not been appointed."


On the other hand, 11.86.021(3) indicates that a disclaimer by a "legal representative" of a minor may disclaim on the minor's behalf if the disclaimer is "in the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because of the disclaimer, and not detrimental to the best interests of the beneficiary"

So if beneficiary executes a disclaimer "on his own behalf, and on behalf of his minor children under RCW 11.96A.120(4)(f)" does that work as an effective disclaimer? I'm not sure I could articulate a conflict between dad and his 2 year old, his goal is to get the inheritance to his sister. Does the 2 year old have a tolling of the statute of limitations until he turns 18, then a cause of action against dad or the estate on the grounds that disclaiming his fortune was not in his best interests?

Thoughts?

Heather

Heather S. de Vrieze
Attorney-at-Law
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