[WSBAPT] Question about will language

[Philip N. Jones]

My vote is that such language was not intended to allow the PR to change beneficiaries or dispositions.  In my view, if that were the intent, it would have said so very specifically.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Thursday, May 6, 2021 12:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question about will language

Hi Listmates,

I have a question regarding interpretation of a specific paragraph in a will.

The wills I draft contain the following provision:

My Personal Representative shall have all of the powers now or hereafter conferred on my Personal Representative by Title 11, RCW and any powers enumerated elsewhere in this Will.

Then the wills I draft go on to itemize specific powers regarding real estate, etc.

However, the specific will I'm dealing with (currently being probated) contains similar language but adds another sentence:

I hereby give my said Personal Representative full power and authority over my said property as I might possess or exercise if living.

I am trying to wrap my head around the ramifications of that additional sentence.  I am assuming this just gives the PR the right to manage and sell the estate property as the Decedent would while alive, *not* the power to change the beneficiaries or distributions of that property.  The testator made it clear in the will who was to receive the estate.  But because I think this sentence may become an issue in the case, I just want to ask if I am missing something.

Thanks,
Candace Wilkerson







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