Revised Code of Washington
Chapter 11.12 - Wills.
11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.

RCW 11.12.180
Rule in Shelley's Case abolished—Future distribution or interest to heirs.

The Rule in Shelley's Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter 11.08 RCW, that would succeed to the designated individual's estate under chapter 11.04 RCW. The property must pass to those persons as if the designated individual had died when the distribution or transfer of the future interest was to take effect in possession or enjoyment. For purposes of this section and RCW 11.12.185, the designated individual's surviving spouse or surviving domestic partner is deemed to be an heir, regardless of whether the surviving spouse or surviving domestic partner has remarried or entered into a subsequent domestic partnership.

[ 2008 c 6 § 912; 1994 c 221 § 17; 1965 c 145 § 11.12.180. Prior: 1917 c 156 § 40; RRS § 1410; prior: Code 1881 § 1333; 1863 p 210 § 70; 1860 p 172 § 37.]
NOTES:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.


Effective dates—1994 c 221: See note following RCW 11.100.035.

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.12 - Wills.

11.12.010 - Who may make a will.

11.12.020 - Requisites of wills—Foreign wills—Electronic presence.

11.12.025 - Nuncupative wills.

11.12.030 - Signature of testator at his or her direction—Signature by mark.

11.12.040 - Revocation of will—How effected—Effect on codicils.

11.12.051 - Dissolution, invalidation, or termination of marriage or domestic partnership.

11.12.060 - Agreement to convey does not revoke.

11.12.070 - Devise or bequeathal of property subject to encumbrance.

11.12.080 - Revocation of later will or codicil—Effect—Evidence.

11.12.091 - Omitted child.

11.12.095 - Omitted spouse or omitted domestic partner.

11.12.110 - Death of grandparent's issue before grantor.

11.12.120 - Lapsed gift—Procedure and proof.

11.12.160 - Interested witness—Effect on will.

11.12.170 - Devise of land, what passes.

11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.

11.12.185 - Doctrine of Worthier Title abolished—Exception.

11.12.190 - Will to operate on after-acquired property.

11.12.220 - No interest on devise unless will so provides.

11.12.230 - Intent of testator controlling.

11.12.250 - Gift to trust.

11.12.255 - Incorporation by reference.

11.12.260 - Separate writing may direct disposition of tangible personal property—Requirements.

11.12.265 - Filing of original will with court before death of testator.

11.12.400 - Electronic wills—Short title.

11.12.410 - Electronic wills—Definition.

11.12.420 - Electronic wills—Applicable law.

11.12.430 - Electronic wills—Execution—Choice of law.

11.12.440 - Electronic wills—Execution—Procedure.

11.12.450 - Electronic wills—Self-proving.

11.12.460 - Electronic wills—Qualified custodians—Eligibility.

11.12.470 - Electronic wills—Qualified custodians—Duties.

11.12.480 - Electronic wills—Certified paper copies.

11.12.490 - Electronic wills—Uniformity of application and construction.

11.12.491 - Electronic wills—Applicability.