[WSBARP] Will with no devise

[K. Garl Long]

Deceased intended to leave two farms to a married couple that had 
befriended him, and taken care of him, for years. A letter to the 
decedent from his first attorney refers to the devise, and asks if he 
has an alternative in case the couple does not survive him. Several 
people had heard the decedent state that he wanted all of his property 
to go to the married couple.

Years later is was discovered that the will produced by the first 
attorney, and actually signed and witnessed, stated no gift was to be 
made to any relative, but did not include the devise to the married 
couple, and lacked a residual clause.

Upon discovery of the defects a second attorney was instructed to fix 
the first defective will so that all property would pass to the married 
couple. However, death came before the new will was signed.

The first will, naming the married couple as PR, but lacking specific 
bequests or a residual clause, was admitted into probate. Distant (and 
disliked) relatives have appeared claiming a statutory right to inherit.

Any way to carry out the intent of the decedent?

Garl Long
-- 
Law Offices of K *

Law Offices of K. Garl Long - Mount Vernon, Washington - (360) 336-3322

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