[WSBAPT] Class of Beneficiary

[Heather deVrieze]

Take a look at RCW 11.12.110 (copied below). I think the answer to your question largely depends on who those individuals are, and if they are relatives, how near.

RCW 11.12.110
Death of grandparent's issue before grantor.
Unless otherwise provided, when any property shall be given under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or dies before that issue's interest is no longer subject to a contingency, leaving descendants who survive the decedent, those descendants shall take that property as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally or, if of unequal degree, then those of more remote degree shall take by representation with respect to the predeceased issue.

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 Nicholas Illario
Sent: Wednesday, August 16, 2017 3:29 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Class of Beneficiary

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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