[WSBAPT] Is it a valid Will

[Joshua McKarcher]

Yes, and although I don't mean to harp "too much" on statutory interpretation, I think this is another reason it's so important to "return to basics" every time we analyze an issue in this fun, thorny field. A "will" is defined by statute and does not require one blasted disposition of one piece of property. It is an instrument that is executed properly under either of two statutes cited in the definition of "will." https://app.leg.wa.gov/RCW/default.aspx?cite=11.02.005 - see sub (24).

Susie's will that only appoints an executor is just as valid as Jim's that only disposes of his home and adjacent acreage as Chris's that only names a guardian of her minor children and appoints her best friend who's a CPA as (for example) "trustee or custodian or whatever the law calls the person who cares for my minor children's money while my family are caring for my children, because my family can't manage money at all!"

How is that inadmissible or ambiguous or requiring of judicial anything other than appointment of the named people? It's plain English, and kudos to Chris for doing at least that much (if executed and witnessed as required, etc.).

If we consider basics - each time - then we get to the right answer. Otherwise, if we expect a document like a will to fit a template of our creation, then we can cause ourselves a lot of trouble, right up to committing malpractice.

Happy weekending, all! Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bruce Moen
Sent: Saturday, February 4, 2023 5:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Is it a valid Will

Without an ambiguity, there is no basis to admit any evidence other than "the four corners of the Will."

I had a similar case 20 years ago where a person wrote their own Will and carefully named every item with a specific bequest. No residue clause and died with a big fat residue. Litigation. Ex Parte, Revision and the Court of Appeals (unpublished) all held no extrinsic evidence and passes by intestacy.

  Bruce Moen


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 Roger Hawkes
Sent: Saturday, February 4, 2023 11:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is it a valid Will

Does anyone else think a hearing should be held to take evidence about what the 'testator' intended?

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 Kokie Adams
Sent: Thursday, February 2, 2023 5:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is it a valid Will

Thanks for all the quick replies.  This Will is missing any distribution clause (so intestacy statute applies) - not is there a paragraph with non-intervention powers or waiver of bond - the only thing it does contain is appointment of Executor.

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

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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 Mark Reinhardt
Sent: Thursday, February 2, 2023 4:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is it a valid Will

I also had a Will that appointed a PR but had no residue clause.   It was prepared by an attorney(!) We offered the Will and proceeded as a testate probate, but, noting the omission cited the intestacy statutes for distribution in the petition and order.

***When responding to this email, please reply all***
Best regards,
Mark

Mark A. Reinhardt
Attorney
Rehberg Law Group, PLLC
Ryan Y Rehberg, Partner | Mark A. Reinhardt, Partner | James A. Davies, Partner |
J. Sabrina Go

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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 Diane J. Kiepe
Sent: Thursday, February 2, 2023 4:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is it a valid Will

The other item a Will might be good for, though defunct in some ways, is to have a written waiver of bond and non intervention powers.  If the Will doesn't have that, you can still request no bond and non-intervention, just need to cite the appropriate statutes.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Nick Pleasants
Sent: Thursday, February 2, 2023 3:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Is it a valid Will

Kokie,
The short will can be valid as to what it says. I recently had a one-page will admitted that said something like "I appoint my sister to sell my house and distribute the proceeds of sale to these people...". It had no residue clause so decedent would be intestate as to the residue, but the will is valid to appoint the executor and control disposition of the asset it covered. Does your will have any useful language? If not, I might file it with the probate court, but proceed under intestacy RCW 11.04.015<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.015>.

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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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 Kokie Adams
Sent: Thursday, February 2, 2023 3:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Is it a valid Will

If a person creates a one page Will (from a form book) that is witnessed, but document fails to list to whom assets are to be distributed is it a valid Will?  If so, to whom are assets distributed?

Best regards,

Kokie Adams
(pronouns she/her/hers)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

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