[WSBAPT] Joint will and effect of RCW 11.12.110

[Brent Williams-Ruth]

I agree with Sarah.

However, I am also wondering - if there is familiar harmony (stop laughing,
it has happened once in the last ten years!) and the interested parties
agree.....a TEDRA agreement could "make it right" - but if there is no
harmony. I would agree that they are in a tough position.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

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On Fri, Feb 28, 2025 at 2:12 PM Sarah Dion <sdion at radiuslawseattle.com>
wrote:

> Eric-
>
>
>
> It seems to me that under RCW 11.12.110 and the facts presented, C’s gift
> lapses with nothing going to G1 or G2 because C is not the issue of H’s
> grandparents. The argument to the contrary would be that with a joint will,
> interpretations of the language must be read to apply to both testators.
> But I don’t know if there is caselaw supporting that, as luckily, I have
> NEVER come across a joint will!
>
>
>
> Unrelated, but the language in the statute states that it applies not just
> to gifts but persons *appointed *under a will. Assuming that refers to a
> nomination of a PR or the like? I don’t think most people would expect that
> if a family member is nominated, that family member’s issue might step into
> their shoes without being specifically nominated…hmm.
>
>
>
> Thanks for the distraction!
>
>
>
> *Sarah Jael Dion (she/her)*
>
> Attorney, Trusts and Estates Practice
>
>
>
>
>
> .
>
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>
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>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Friday, February 28, 2025 12:10 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Joint will and effect of RCW 11.12.110
>
>
>
> 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
>
>
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