[WSBAPT] Joint will and effect of RCW 11.12.110

[Eric Nelsen]

Law school exam time!

The setup:

Let's say we have a married couple. H has 1 child from previous marriage, W has 1 child from previous marriage, no kids together.

They execute a joint will. The joint will is a single document that says everything owned goes to the survivor, then upon death of survivor, goes in equal shares to the kids. The will names the two kids specifically, does not include their issue by right of representation or anything.

Under RCW 11.12.110, if a beneficiary named in a will is the issue of a grandparent of the decedent, and that beneficiary predeceases leaving issue, the gift survives by right of representation the beneficiary's issue.

The problem:

W dies, so H inherits everything.

Then C, W's child, dies leaving two kids, G1 and G2.

Then H dies.

Does the gift to C survive to pass to G1 and G2?

C is not issue of H's grandparents-C is issue of W's grandparents. But W died first and everything went to H. So does W's grandchild end up with no inheritance?

I'm glad joint wills are not a common thing any more...

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>

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