[WSBAPT] Disposition of Estate per Poorly Written Will

[Inge Fordham]

Colleagues,

I have a probate involving a poorly written last will and testament (created without assistance of counsel).  It names a son and daughter as co-personal representatives.  The will says nothing about what happens if one of the co-personal representatives predeceases the testatrix.  Here, the son predeceased the testatrix and therefore, the daughter will serve as the sole personal representative.

My primary question has to do with the disposition of property.  The testatrix initially had 3 children.  I’ll call them S1, S2, and D1.  S2 died decades ago and left a granddaughter.  A prior version of the will left S2’s share of the estate to the granddaughter.  The later, operative will identifies S2 (and recognizes that he predeceased the testatrix) but leaves nothing for the granddaughter.  Since the will names him but leaves nothing to his issue, I believe S2’s daughter gets nothing.

As to the disposition of property, the will simply states: “I give my property to my children, S1 and D1, in equal shares.”  It says nothing about real versus personal property or intangible assets.  Is the term “my property” sufficient to cover real property and intangible assets?

The will does not say what happens when a beneficiary predeceases the testatrix.  For example, it does not say “my children who survive me” or “per stirpes.”  Subsequently, S1 predeceased the testatrix.  How is the personal representative to treat this?  Does everything go to D1?  Or ½ to D1 and 1/6 to each of S1’s 3 children?  The latter seems patently unfair given that S2’s daughter takes nothing.

Thank you in advance for your thoughts.

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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