[WSBAPT] Hole in Will issue

[Eric Nelsen]

If daughter had children, they would receive the gift of one-half of the residue. RCW 11.12.110. But if she had no children, a gift of residue likely would go to son as other residue beneficiary, RCW 11.12.120(2). If for some reason the gift is phrased as a specific bequest and not a residue share, then it would lapse and fall into residue. RCW 11.12.120(1).

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 Timothy Lehr
Sent: Tuesday, June 10, 2025 11:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Hole in Will issue

All,

Decedent was predeceased by wife and has only two kids - son and daughter. Decedent's Will leaves half estate to son and half estate to trustee of trust in favor of daughter who was disabled. Will states if son predeceases, then his half goes to his kids. Will is silent on what happens if daughter predeceases. However, the trust states that if daughter passes while the trust is still funded, 10% of remaining trust goes to a non-profit for handicapped and 90% goes to son. Handicapped non-profit is no longer in business. Of course, daughter predeceased decedent and now son is only surviving child.

Since the Will is silent regarding daughter predeceasing, I am wondering if her share goes outright to son (even though it doesn't say that in the Will) or if we need to give some notice to a similar non-profit? The trust was never funded for the provisions of the trust to apply, of course.

What happens when beneficiary predeceases and the Will is silent on where her share goes? Any statute you can point me to?

Thanks,

Timothy C. Lehr
Attorney & Partner

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p: 360.855.0131
e: timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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