[WSBAPT] Recent Case holding that the Personal Property List was a codicil? of the Will

[michael westseattleattorney.com]

My Bad - here is what the decision included:  "A separate document in existence at the time a will is executed may qualify both for incorporation by reference under RCW 11 .12.255 as to the distribution of the estate and as a “gift list” for tangible personal property under RCW 11 .12.260."

In the Matter of the Estate of ) No. 78082-4-I
CONSTANCE ELAINE LITTLE, )
) DIVISION ONE
Deceased.
ROXANNE L. TREES, Individually and )
as the Personal Representative of the )
Estate of Constance Little,
) PUBLISHED OPINION
Respondent,
v.
RENAE K. ROBERSON,
Appellant.
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Sent: Wednesday, January 25, 2023 12:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recent Case holding that the Personal Property List was a codicil? of the Will

Say again? If that’s correct, then a TPP memorandum must be executed and witnessed no different than a will, unless the definitions in our statutes were magically amended by this ruling . . . ?

A codicil is a will! Our code and the UPC both have that basic rule (because it works).

There is no logical way for memorandum to be a codicil or will, surely . . . ?

See RCW 11.02.005(2) and (24) . . . Would be very grateful to know what you are referring to.

Thanks, Josh

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of michael westseattleattorney.com <michael at westseattleattorney.com>
Sent: Wednesday, January 25, 2023 12:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Recent Case holding that the Personal Property List was a codicil? of the Will

Did anyone catch the citation or download a copy of that case? Thanks, Mike
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