[WSBAPT] Tricky Will v. Codocil Issue

Ryan Castle ryan at ryancastlelawfirm.com
Fri Jul 18 11:44:46 PDT 2025


Friends,

I have an annoying codicil to a Will. The codicil has several vague terms.
The will says that the decedent's jewelry is bequeathed to PR, to do with
what PR wants. Then the codicil says that the jewelry is to be appraised,
sold, and added to "the trust." There is no trust.

If no trust exists, a good argument can be made that the sale proceeds fall
into the residuary estate to be divided amongst the residuary
beneficiaries. Or the argument can be made that the codicil term is vague
and thus void, and the will provision controls. Unfortunately, the
beneficiaries will change depending on which action is taken. The jewelry
was just appraised at roughly $23k. But who knows how much it would
actually sell for on the open market. Best to let PR sell and see how much
money we are actually fighting over and then decide? Anything I am missing?

-- 

Ryan Castle
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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