[WSBAPT] Will with handwritten list pursuant to RCW 11.12.260

Fri Oct 22 10:49:46 PDT 2021

Totally agree.

I had this issue go up to Division I and they also agreed.

See In re Little, No. 78082-4, 2019. It was published in June 2019.  Don’t have the full cite handy, sorry and moving fast on other matters this morning.

  -Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Friday, October 22, 2021 10:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will with handwritten list pursuant to RCW 11.12.260

I agree with Diane - I've read that statute as saying that the list, if properly signed, and if referenced in the Will, is incorporated by reference and is a part of the Will. I always file those valid lists along with the original Will. If the list in this case is valid it should be filed with the court, and a copy should be provided to all heirs, devisees, etc. If there is a question about whether the list wasn't valid (i.e., not signed), then there could always be in camera review...

I expect a judge/commissioner would sign your order to disclose it.

Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
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On Fri, Oct 22, 2021 at 10:04 AM Diane J. Kiepe <DJKiepe at depdslaw.com<mailto:DJKiepe at depdslaw.com>> wrote:
Dalynne,

I have not made the motion but believe it would be signed.  The list is referred to in the Will and I always believed that meant it was part of the Will.  I believe the PRs actions are suspect at best.

Keep us posted.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Friday, October 22, 2021 9:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Will with handwritten list pursuant to RCW 11.12.260

I have a couple of Estates wherein I represent heirs.  There was a handwritten list attached to Will pursuant to RCW 11.12.260.
The Will has been filed with no additional lists.  I have requested the lists be provided and so far, attorneys have refused.
In one case, the list was partially read at the “will reading” but the PR won’t share actual list with anyone.

Has anyone brought a motion based on this RCW that the list should be provided?
My reading indicates this list is part of the Will for distribution and should be available to the heirs to receive property based on the list.
The heirs do not believe the writing is being honored.

RCW 11.12.260<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.260>
Separate writing may direct disposition of tangible personal property—Requirements.
(1) A will or a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will or trust other than property used primarily in trade or business. Such a writing shall not be effective unless: (a) An unrevoked will or trust refers to the writing, (b) the writing is either in the handwriting of, or signed by, the testator or grantor, and (c) the writing describes the items and the recipients of the property with reasonable certainty.
(2) The writing may be written or signed before or after the execution of the will or trust and need not have significance apart from its effect upon the dispositions of property made by the will or trust. A writing that meets the requirements of this section shall be given effect as if it were actually contained in the will or trust itself, except that if any person designated to receive property in the writing dies before the testator or grantor, the property shall pass as further directed in the writing and in the absence of any further directions, the disposition shall lapse and, in the case of a will, RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110> shall not apply to such lapse.
(3) The testator or grantor may make subsequent handwritten or signed changes to any writing. If there is an inconsistent disposition of tangible personal property as between writings, the most recent writing controls.
(4) As used in this section "tangible personal property" means articles of personal or household use or ornament, for example, furniture, furnishings, automobiles, boats, airplanes, and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes articles even if held for investment purposes and encompasses tangible property that is not real property. The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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