[WSBAPT] Ambiguity in will.

Fri Sep 2 14:29:40 PDT 2022

Ditto -

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 Jeff at bellanddavispllc.com
Sent: Friday, September 2, 2022 2:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ambiguity in will.

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
P.O. Box 510
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Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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 Ken Luce
Sent: Friday, September 2, 2022 2:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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>
Sent: Friday, September 2, 2022 1:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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
Sent: Friday, September 2, 2022 1:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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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