374 P.3d 180
Wash. Ct. App.2016Background
- Dana Mower executed a 2005 will providing alternative residuary dispositions conditioned on whether his then‑wife Christine survived him by 30 days; if she did not, half the residue would go to Eric and Theresa Schuler (Christine’s brother and sister‑in‑law).
- Dana and Christine filed a stipulated dissolution finalized 16 days before Dana’s unexpected death in 2012; Dana made no new will.
- RCW 11.12.051 revokes will provisions in favor of a former spouse (or granting them an interest or power) and directs courts to interpret affected provisions as if the former spouse predeceased the testator.
- Linda Turner, personal representative, sought a declaratory judgment that the bequest to the Schulers was revoked under RCW 11.12.051 (or otherwise failed), and that the residue should pass by intestacy; the Schulers moved for summary judgment that they are beneficiaries.
- The trial court granted summary judgment to the Schulers, awarded them attorney fees, and Turner appealed.
Issues
| Issue | Plaintiff's Argument (Turner) | Defendant's Argument (Schulers) | Held |
|---|---|---|---|
| Whether RCW 11.12.051 revokes testamentary gifts to relatives of a former spouse | RCW 11.12.051 should be read to automatically revoke gifts that are "in favor of" a former spouse, including gifts to the former spouse’s relatives | "In favor of" should be read to reach benefits that would be effectively revoked by treating the former spouse as predeceasing the testator; the Schuler bequest does not confer a direct benefit on Christine and thus is not revoked | Court held "in favor of" ambiguous but construed it to mean provisions that benefit the former spouse in a way that would be eliminated by treating the spouse as predeceased; the Schuler bequest is not revoked under RCW 11.12.051 |
| Whether treating Christine as predeceased under RCW 11.12.051 satisfies the will’s condition precedent (Christine must fail to survive by 30 days) | The will’s alternative residuary bequests require Christine to literally die (or remain spouse) and dissolution alone cannot satisfy the survival condition | RCW 11.12.051 requires construing affected provisions as if the former spouse failed to survive the testator, which triggers the alternative residuary provisions | Court held RCW 11.12.051 satisfies the survival condition by statutory fiction that Christine predeceased Dana, so the Schuler gift is operative |
| Whether, if the Schuler bequest is revoked or fails, the residue passes by intestacy | If the bequest is revoked or the condition precedent unsatisfied, assets should pass via intestacy (e.g., to Dana’s mother) | The will controls distribution; if the statutory fiction applies the alternative dispositive clause governs | Court held the will governs because the Schuler clause is effective under RCW 11.12.051; intestacy does not apply |
| Whether trial court abused discretion in awarding attorney fees and whether fees on appeal are appropriate | Turner contends Schulers did not substantially prevail and award was improper | TEDRA authorizes discretionary fees to any party in estate disputes; Schulers prevailed and fees may be charged to the estate | Court affirmed trial court’s fee award and granted the Schulers reasonable fees on appeal to be paid from the estate |
Key Cases Cited
- Lakey v. Puget Sound Energy, 176 Wn.2d 909 (Wash. 2013) (standard of review on summary judgment)
- Jametsky v. Olsen, 179 Wn.2d 756 (Wash. 2014) (statutory interpretation—use plain language first)
- Peiffer v. Old Nat’l Bank & Union Tr. Co., 166 Wash. 1 (Wash. 1931) (statutes in derogation of common law construed strictly)
- In re Estate of McLaughlin, 11 Wn. App. 320 (Wash. Ct. App. 1974) (pre‑RCW interpretation of survivorship condition and former spouse issues)
- In re Estate of Harrison, 21 Wn. App. 382 (Wash. Ct. App. 1978) (similar pre‑RCW common‑law treatment of survivorship condition)