[WSBAPT] Anti-lapse statute

[Bryce Dille]

Doesn't  RCW 11.12.110 apply so children of deceased child get their parent's share by right of representation since will simply said share and share alike and didn't require survivorship as a condition of inheriting.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, August 23, 2023 11:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anti-lapse statute


I think the operative words of RCW 11.12.120 (2) are "unless otherwise provided."  I would be looking for specific language in the will that talks about, for example, right of representation for distributions per stirpes.  If the distribution is not "otherwise provided" in the will, then it seems to me that the anti-lapse statute would apply and the estate would be divided between the surviving children.


Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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-----Original Message-----
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 Bryce Dille
Sent: 08/23/2023 10:40 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Anti-lapse statute



Where the will residue to surviving spouse, but if surviving spouse is deceased, then to children share and share alike and one of the children, predeceases the surviving spouse do the children of the deceased child receive their parent share by right of representation under the anti-lapse statute, or is the estate simply divided between the surviving children. your input would be appreciated.







Bryce H. Dille

Dille Law, PLLC

Office: 360-350-0270

Cell: 253-579-5561



** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**



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