[WSBAPT] Specific Bequest to Deceased Beneficiary

[Mark Vohr]

Inge –
          I don’t think this is a lapsed gift issue (See RCW 11.12.120 below) because you don’t have a condition of survival.  However, I do think it is an RCW 11.12.110 issue – See further below.
Mark C. Vohr, J.D. CPG
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189


RCW 11.12.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.120>
Lapsed gift—Procedure and proof. (Effective until January 1, 2022.)
(1) If a will makes a gift to a person on the condition that the person survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution.
(2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110>, to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue.
(3) The personal representative of the testator, a person who would be affected by the lapse or distribution of a gift under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so affected may petition the court for a determination under this section, and the petition must be heard under the procedures of chapter 11.96A<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A> RCW.

RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110>
Death of grandparent's issue before grantor. (Effective January 1, 2022.)
Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or dies before that issue's interest is no longer subject to a contingency, leaving descendants who survive the decedent, those descendants shall take that property or appointment as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally or, if of unequal degree, then those of more remote degree shall take by representation with respect to the predeceased issue.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, May 24, 2022 1:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Specific Bequest to Deceased Beneficiary

I have a probate where the decedent left a specific bequest of $1 to her daughter.  The daughter predeceased the decedent.  The will does not state “to my daughter if she survives me,” nor does it say “per stirpes.”  The specific language is” “To my daughter, xxxxxx, I leave the sum of exactly one dollar ($1.00).  This bequest shall be the entirety of the property xxxxxx shall receive under this will.”  Does the specific bequest lapse, or must the $1.00 be split between the deceased beneficiary’s issue?  (I realize this is somewhat silly because it’s $1.00 but nonetheless, want to get this right).

Thank you,

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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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fordhamlegal.com&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=D9tEoysSE2LeouMC9Y8WQQ&m=HDsw6FzcGY1FD0Iqqfcww_IK5TtATpQ_WTeyXTMi_Lo&s=9KEUL7hwVBUnlbVu71sqqN21XXFyQ_3UCmLVEXkNXGE&e=>

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