[WSBAPT] Unusual Codicil Distribution Scheme Question

[Jeff at bellanddavispllc.com]

TEDRA is one route, but before that, is their any benefit to petitioning for instructions?

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Friday, February 7, 2025 9:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unusual Codicil Distribution Scheme Question

 

OK this would make a good bar exam question maybe:

 

I represent a PR in a large WA testate estate. PR is daughter of deceased. No spouse. PR just appointed by court, no bond, nonintervention. Decedent executed valid Will with attorney representation. Then years later decedent executed valid codicil without assistance of attorney (!!!). The Codicil has a horrible distribution scheme that reads:

 

Beneficiary 5 "to receive an amount agreed upon by" PR (also Beneficiary1), Beneficiary 2, Beneficiary 3, and Beneficiary 4 "by mutual decision. PR (Beneficiary 1) is the tie breaker."

 

Beneficiary 5's gift would come out of residuary, thereby reducing gifts of other residuary beneficiaries listed in Will. Of the "voting" benes, only bene 4 is a residuary beneficiary. My concern obviously is the discretion given to my client PR who has fiduciary duties to estate/beneficiaries. I am inclined to advise that my client simply "vote" to follow the original will distribution scheme in order to adhere to her fiduciary duties. The other "voting" beneficiaries seem inclined to do the same but unsure at this point. 

 

Any advice on how to handle this horribly drafted clause to protect my client? Best if they all simply abstain from voting, assuming they all agree to do that? I assume the "voting" Benes should document their decision via TEDRA Agreement?

 

-- 

 

Ryan Castle (he/him)

Castle Law Firm, PLLC

Managing Attorney

T: 360-592-3504

1313 E. Maple St., Suite 790

Bellingham, WA 98225

https://ryancastlelawfirm.com/

 

 

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