[WSBAPT] Class of Beneficiary

[Eric Nelsen]

Depends on the exact language of the gift and whether or not any of the individuals are relatives covered by the anti-lapse statute. Class gifts can be phrased in ways to make clear that gifts to those who pre-decease lapse, or don't lapse and devolve to issue. The default assumption is a class gift lapses as to predeceased members of the class, but it ain't always so. Also RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12&full=true#11.12.110> as to relatives related through grandparents.

See also Reutlinger's Washington Law of Wills and Intestate Succession (2d ed. 2006), Ch. 6.B.1 re class gifts.
Peck v. Peck, 76 Wash. 548, 552, 137 P. 137 (1913).
In re Estate of Newbert, 16 Wn.App. 327, 555 P.2d 1189 (1976).
Denton v. Schneider, 80 Wash. 506, 142 P. 9 (1914).
In re Thomson's Estate, 168 Wash. 32, 10 P.2d 245 (1932).
Bowles v. Denny, 155 Wash. 535, 285 P. 422 (1930).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

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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