[WSBAPT] Specific distribution of real property

[Eric Nelsen]

Not required though it is best practice to have a legal description. For designation of real property in a will, the issue is whether the asset is sufficiently well described to ensure that the specified asset, no more and no less, goes to the beneficiary. It’s even potentially sufficient to gift “my residence” without specifying the address, if use of the term doesn’t create ambiguity. If there were an ambiguity—say, the house at the specified address had an adjacent separate tax parcel vacant lot that it used as a yard—the use of address alone might not be sufficient. In that case, everybody would get in a big scuffle trying to prove the testator’s intent by extrinsic evidence, as to whether or not the vacant lot was included in the gift.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Friday, December 29, 2023 3:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Specific distribution of real property

Testator's will states that her residence is to go to her friend. It lists the address of the residence, but not a legal description. Is the legal description necessary?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

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