Wednesday, April 24, 2013
A Washington “superwill” revokes a nonprobate arrangement by referring to the asset. Under Washington law, the owner of a nonprobate asset may dispose of that asset by will, thus revoking the nonprobate arrangement, by specifically referring to the asset in the owner’s will. In Manary v. Anderson, the Supreme Court of Washington State held that the settlor and trustee of a revocable trust who retained the right to manage and live on real property transferred to the trust was an owner for purposes of the statute, that the real property was a nonprobate asset under the statute, and that the owner revoked the trust with regard to the real property by specifically devising the real property in the owner’s will; the statute does not require the testator to refer to the specific will substitute.
See Manary v. Anderson, 292 P.3d 96 (Wash. 2013).
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.