[WSBAPT] RCW 11.12.051 Dissolution, invalidation, or termination of marriage or domestic partnership.

[michael westseattleattorney.com]

Thanks - I appreciate your sharing your thoughts as well

[cid:8a4353d7-a32b-4a7b-a13f-cfb54fa75312]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Andrekita Silva <ak at seattle-silvalaw.com>
Sent: Thursday, April 27, 2023 8:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.12.051 Dissolution, invalidation, or termination of marriage or domestic partnership.


Law Office of
F.ANDREKITA SILVA
_______________________________________________________


April  27,  2022

Mike,

In 2008, a bunch of statutes in various titles to RCW were revised to clarify their application to domestic partnerships.

So, this statute just codifies long standing caselaw that once you divorce, Ex Spouse doesn't take under a prior Will (presumably absent some very clear language indicating otherwise.) The statute just makes it clear that this statute applies to ex domestic partners as well.

You don’t say that ExW and deceased reconciled and began living together in a committed intimate relationship. You say they remained best friends. If they HAD moved back in together, perhaps the fact that deceased gave ExW gifts (maybe even big ones) might help her establish a CIR for purposes of having the court find that there was community property and that she had an equitable interest if other factors were there as well.

I’m not aware of any challenges to that statute, but, I don’t think remaining best friends and receiving big gifts could make her a statutory heir. Just my 2 cents.


andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com




Quoting "michael westseattleattorney.com" <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>>:

Hi, the decedent passed last week. He and his wife made a Will in 1992  but they later divorced prior to  2008. They remained best friends and he recently gave her his bank accounts.
Wondering if there has been any challenge/changes to this 2008 law and its remedial nature, making it apply before, on, or after 1995?
Thanks
Mike ​

_______________

RCW 11.12.051
Dissolution, invalidation, or termination of marriage or domestic partnership.
(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995.

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