[WSBAPT] Help - Personal Property Letters

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA …
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Diane,

I think “all” can be interpreted differently based on the particular  
facts. Assuming there isn’t other conflicting language in the will,  
“all” seems pretty specific. All would mean everything.

In Estate of Little, 9 Wn. App. 2d 262, the court was construing the  
language of RCW 11.12.255 and RCW 11.12.260(1). It talked about the  
usual need to construe will provisions so that they don’t conflict  
with one another and in light of the intent of the testator.

Since the testator could have given “all” to a particular beneficiary  
elsewhere in the will, unless it conflicts with another devise, such  
that the testator's intent becomes unclear, it shouldn’t matter that  
it’s set out in a personal property letter.

If the testator said “all in bedroom 1 to beneficiary A, all in  
bedroom 2 to beneficiary B, and all in bedroom 3 to beneficiary C and  
all my recreation equipment to beneficiary D, then "all" probably  
might not be specific enough depending on the circumstances.  If 10  
years transpire from the time of writing to the time of death, the  
question could be if testator was giving what was in each bedroom at  
the time of the writing, or what was in the bedroom at the time of  
death?  Or what if there was recreation equipment in some of the  
bedrooms?

So, I think that the word "all" should be construed or interpreted in  
light of the particular facts and circumstances. 
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
 

Quoting "Diane J. Kiepe" <DJKiepe at depdslaw.com>:

> Hello Team Listserv,
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>    If a decedent left a Will and referenced a personal property  
> letter and the letter then said “all personal property” to Susie  
> Smith and did not list any specific items – again just says “all”. 
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>    RCW states (c) the writing describes the items and the recipients  
> of the property with reasonable certainty.
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>    Would you say the “all” language complies or fails with  
> “reasonable certainty”
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>    Thanks so much
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>    /Diane J. Kiepe/
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>    Diane J. Kiepe
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>    Douglas Eden
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>    717 W. Sprague Ave.
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>    Suite 1500
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>    Spokane, WA  99201
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>    djkiepe at depdslaw.com
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>    509-455-5300
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  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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