[WSBAPT] Ambiguity in will.

Fri Sep 2 14:06:59 PDT 2022

Ken,

Before the “if he doesn’t survive” language, it says “except as provided below.”  If below there is no devise to the son, either a specific bequest or part of the residuary, I still say he gets 0.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ken Luce
Sent: Friday, September 2, 2022 2:03 PM
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Subject: Re: [WSBAPT] Ambiguity in will.

The will provides the son gets nothing “if he does not survive me.”  What does he get if he does survive? He only doesn’t get anything if he doesn’t survive.

kl

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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
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Subject: Re: [WSBAPT] Ambiguity in will.

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I agree with everyone, that son gets nothing.  Its my understanding that as long as child is mentioned as a child, the fact that the Will leaves that child nothing, means just that, child gets 0.  You don’t even need a disinheritance clause, let alone the one Ken is facing.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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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 Sara Longley
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Subject: Re: [WSBAPT] Ambiguity in will.

That’s my reading as well. Terrible drafting though!

Sent from my iPhone

On Sep 2, 2022, at 1:33 PM, Kerry Brink <Kbrink at vjglaw.com <mailto:Kbrink at vjglaw.com> > wrote:

 I definitely think I would read it as the son gets nothing. I would read it that Son gets nothing and likewise son’s descendants get nothing if Son does not survive testator.

Sent from my iPhone

On Sep 2, 2022, at 1:23 PM, Ken Luce <Ken.Luce at lucelawfirm.com <mailto:Ken.Luce at lucelawfirm.com> > wrote:

Can someone tell me how to interpret this? A Will provides:

          “Except as provided blow, I make no provision in this Will for my son___,

         nor his descendants, if he does not survive me.” The son survived. The

will makes no further mention of the son and leaves the RRR to 

someone not his son.  Does the above language  disinherit the son?

Nothing is said about if or what the son inherits if he does survive.

All help appreciated.

Kenyon Luce

Luce & Associates, P.S.

5308 12th St E

Tacoma, WA 98424

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