[WSBAPT] Ambiguity in will.

[Kerry Richards]

Dear Ken:
The provision about the son not surviving only applies to the son’s heirs or rather lineal descendants. The testator was trying to cover all the bases. The son receives nothing if the son survives and the heirs of the son receive nothing through him should he not survive. The RRR would go to another person or persons as denominated in the will. The statute requires the son be recognized and that is what happened.
Yours truly,

Kerry A. Richards, Attorney
[cid:image002.png at 01D8BEDC.9DD05B70]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ken Luce
Sent: Friday, September 02, 2022 1:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ambiguity in will.

The son did survive the testator. That’s the problem.

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 Kerry Brink
Sent: Friday, September 2, 2022 1:30 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 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
T: (253) 922-8724
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