[WSBAPT] Question about will language

Wed May 12 13:37:03 PDT 2021

Josh, 
I believe this is the applicable statute, pasted below. “Specifically referred to” is the relevant language read as requiring reference to account numbers. (Of course, referencing full account numbers and other identifying info in a will that will eventually be publicly filed isn’t ideal.) It’s not a great plan, I don’t think.  I have seen one case where the relevant account number and financial institution changed after the date the will was executed, so the intended disposition was not effective anyway, and litigation among beneficiaries ensued. A lot easier and more effective just to update the beneficiary designations on the account, rather than trying to accomplish this in a will. 

RCW  11.11.020

Disposition of nonprobate assets under will.

(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.
...

Sent by dictation from my iPhone. Please excuse typos and missing punctuation!

> On May 12, 2021, at 12:54 PM, Josh Grant <jgrant at accima.com> wrote:
> 
> 
> Roger, do you have the cite which says we have to list individual  accounts on the “super will”?
>  
> Joshua F. Grant
> <advocates[3].png>
> 
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>  
> From: Candace Wilkerson
> Sent: Thursday, May 06, 2021 1:11 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Question about will language
>  
> Thanks, Phil and Roger!  I just wanted to make sure I was analyzing it accurately.
>  
> Best,
> Candace
>  
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> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson  | Senior Associate  |  Wong Fleming
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> 10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
> Phone: 425.869.4040  |  Fax: 425.869.4050 
> cwilkerson at wongfleming.com
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> Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing. 
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> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
> Sent: Thursday, May 6, 2021 12:56 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about will language
>  
> And you probably all know that any sort of ‘superwill’ changes have to identify the account specificallyl.
>  
> Roger Hawkes, WSBA # 5173                                                  
> Shoreline Office: 19944 Ballinger Way NE
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> Sultan Office:        423 Main
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> Phone: 206 367 5000; fax: 206 367 4005
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> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
> Sent: Thursday, May 6, 2021 12:50 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Question about will language
>  
> 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
> 900 S.W. Fifth Ave. Suite 2500
> Portland, OR 97204
> pjones at duffykekel.com
> (503) 226-1371 – office
> (503) 853-1482 – cell
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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
>  
>  
>  
>  
>  
>  
>  
> <image001.png>
> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
> Candace Wilkerson  | Senior Associate  |  Wong Fleming
> <image002.png>
> 10675 Willows Road NE, Suite 250  | Redmond, WA 98052
> Phone: 425.869.4040  |  Fax: 425.869.4050 
> cwilkerson at wongfleming.com
> <image002.png>
>  
> <image003.png>
> <image004.jpg>
> Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing. 
> 
> IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED
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