[WSBAPT] Class of Beneficiary

[Nicholas Illario]

Question:

Under a Will a Trust is created for the benefit of the surviving spouse for her life.  Upon her death, a certain asset is split between a large group (70-80 individuals).  The Will and the Trust instrument does not speak to a power of appointment or right of representation for the asset that will be held in Trust.  My question is under WA law, does this class shrink if one or more of the individuals die before the surviving spouse dies or do the surviving issues of the beneficiary step into the shoes of the named beneficiary?  If possible, please reference RCW or case law.  Thank you ahead of time for your assistance with this question.


Nicholas M. Illario
Attorney at Law
LL.M. in Taxation
LL.M. in Intellecutal Property

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