[WSBAPT] "Super Will" provisions in a Trust?

[Diane J. Kiepe]

Jerry - curious if you got any feedback.  I certainly would say a trust is a testamentary document.  The statute does specifically state "will" however.  But, in the statute and in that section in particular "will" is not capitalized.  I think you have a filing position to ask the court for instructions at the least.

Best of luck.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Gerald Sprute
Sent: Wednesday, May 18, 2022 9:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Super Will" provisions in a Trust?

Good morning!

I have a rather unusual probate matter, hoping someone has run across this before.
Question - does the "Super Will" provisions  of RCW 11.11 apply to a Revocable Trust?  It's not a "testamentary" disposition; decedent's Will was a standard pour-over will into the trust.  But can the decedent override the beneficiary designation of a financial account through the terms of her Revocable Trust?

Decedent's Revocable Trust contained a specific distribution amount to a beneficiary, executed long after she designated TOD beneficairies on an account:
"I leave AMOUNT to BENEFICIARY.  It is my intention that the aggregate distribution to BENEFICIARY from my estate, whether in trust, through beneficiary designation, or otherwise, equal AMOUNT.  Therefore, the allocation under this Section (a) shall be reduced by any amount passing to BENEFICIARY by beneficiary designation that may otherwise not be included in the trust estate
Decedent had only one account, it was not in the trust, with BENEFICIARY named as a 50% TOD beneficiary.  There's much more in the account than the AMOUNT she intended to leave.
Not that it matters, but the half of the account in question is a probate asset, as there was one other TOD beneficiary named, who deceased, and his portion defaulted to the estate.


Does her intent stated in the Trust document override the previous TOD designation of the account?

Jerry Sprute
Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>








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