[WSBAPT] Class of contingent beneficiaries

[Lewis, Amy C.]

The “kitchen sink” of drafting.  Seems internally inconsistent.  😊


Amy Lewis, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, August 31, 2023 5:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

The one that stumped me early on in practice was “in equal shares to survivors, per stirpes, share and share alike” – or something similar.


Diane J. Kiepe
Douglas Eden, P.S.
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Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
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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 Philip N. Jones
Sent: Thursday, August 31, 2023 3:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

Just to beat a dead horse:
I have coined a shopworn saying, “Any will that requires you to open the statutes to try to figure out what the will says is a poorly drafted will.”
(Maybe I stole that phrase from someone.  I don’t know.)
If you have to look up the definition of nephews, or look up what happens if a bequest lapses, you have a poorly drafted will.  Say it in plain English, and the statutes will never need to be consulted.  The statutes are for poor drafters.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
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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 Carl Gay
Sent: Thursday, August 31, 2023 3:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

Phil Jones is correct. Leave nothing to chance.
Here’s how I would draft the clause:

I give the residue of my estate to my [blood-related only?] nephews who survive me by thirty (30) days.  At the time of making this will, my intended nephew beneficiaries are Adam Jones, William Jones, and Charles Jones.  In the event an intended nephew beneficiary fails to survive me by thirty (30) days, the gift to such beneficiary shall lapse and his share shall augment proportionately the share(s) of my surviving nephew(s).

CARL LLOYD GAY

    Non nobis solum nati sumus
      “Not unto ourselves alone are we born”
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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 Ann Manley
Sent: Wednesday, August 30, 2023 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Class of contingent beneficiaries

Client wants to name his 5 nephews as remote contingent beneficiaries. Should we name them each, or is saying "my nephews" sufficient?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
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