[WSBAPT] Joint will and effect of RCW 11.12.110

[Eric Nelsen]

Hi Brent—Now, now, this is a law school exam question, so we always assume that everybody is fighting about everything all the time, to the maximum extent of their legal rights. ;-)

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, February 28, 2025 3:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Joint will and effect of RCW 11.12.110

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

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On Fri, Feb 28, 2025 at 2:12 PM Sarah Dion <sdion at radiuslawseattle.com<mailto: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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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 Eric Nelsen
Sent: Friday, February 28, 2025 12:10 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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<mailto:eric at sayrelawoffices.com>

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