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                                                   SENATE BILL NO. 3073

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 023 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Talmadge, Newhouse, Halsan and Moore

 

 

Read first time 1/16/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to wills; making technical corrections to the Washington Trust Act of 1984; reenacting RCW 11.12.250, 11.12.255, and 11.12.260; creating new sections; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution.

 

        Sec. 2.  Section 11.12.250, chapter 145, Laws of 1965 as amended by section 5, chapter 149, Laws of 1984 and RCW 11.12.250 are each reenacted to read as follows:

          A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testator's will and (2) its terms are evidenced either (a) in a written instrument other than a will, executed by the trustor prior to or concurrently with the execution of the testator's will or (b) in the will of a person who has predeceased the testator, regardless of when executed.  The existence, size, or character of the corpus of the trust is immaterial to the validity of the gift.  Such gift shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the testator's will or after the testator's death.  Unless the will provides otherwise, the property so given shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given to be administered and disposed of in accordance with the terms of the instrument establishing the trust, including any amendments, made prior to the death of the testator, and regardless of whether made before or after the execution of the will.  Unless the will provides otherwise, an express revocation of the trust prior to the testator's death invalidates the gift.  Any termination of the trust other than by express revocation does not invalidate the gift.  For purposes of this section, the term "gift" includes the exercise of any testamentary power of appointment.

 

        Sec. 3.  Section 6, chapter 149, Laws of 1984 and RCW 11.12.255 are each reenacted to read as follows:

          A will may incorporate by reference any writing in existence when the will is executed if the will itself manifests the testator's intent to incorporate the writing and describes the writing sufficiently to permit its identification.  In the case of any inconsistency between the writing and the will, the will controls.

 

        Sec. 4.  Section 7, chapter 149, Laws of 1984 and RCW 11.12.260 are each reenacted to read as follows:

          (1) A will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will other than property used primarily in trade or business.  Such a writing shall not be effective unless:  (a) An unrevoked will refers to the writing, (b) the writing is either in the handwriting of, or signed by, the testator, and (c) the writing describes the items and the recipients of the property with reasonable certainty.

          (2) The writing may be written or signed before or after the execution of the will and need not have significance apart from its effect upon the dispositions of property made by the will.  A writing that meets the requirements of this section shall be given effect as if it were actually contained in the will itself, except that if any person designated to receive property in the writing dies before the testator, the property shall pass as further directed in the writing and in the absence of any further directions, the disposition shall lapse and RCW 11.12.110 shall not apply to such lapse.

          (3) The testator may make subsequent handwritten or signed changes to any writing.  If there is an inconsistent disposition of tangible personal property as between writings, the most recent writing controls.

          (4) As used in this section "tangible personal property" means articles of personal or household use or ornament, for example, furniture, furnishings, automobiles, boats, airplanes,  and jewelry, as well as precious metals in any tangible form, for example, bullion or coins.  The term includes articles even if held for investment purposes and encompasses tangible property that is not real property.  The term does not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities.

 

          NEW SECTION.  Sec. 5.     This act shall apply to wills of decedents dying after December 31, 1984.

 

          NEW SECTION.  Sec. 6.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 7.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.


                                                                                                                          Passed the Senate March 29, 1985.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                          Passed the House March 25, 1985.

 

                                                                                                                                         Speaker of the House.