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In re Estate of Evans, 181 Wash.App. 436, 326 P.3d 755

Facts

Calvin H. Evans Sr. had four children and suffered from a medical condition that led to dementia. His son, Calvin H. Evans Jr. (Cal Jr.), financially exploited him while living on his ranch. After Cal Sr. died, his will was contested by his other children, who claimed Cal Jr. lacked testamentary capacity and was a financial abuser. The trial court found Cal Jr. to be an abuser and deemed him to have predeceased Cal Sr., leading to a dispute over the application of the antilapse statute regarding Cal Jr.'s children.

Cal Sr. suffered from a medical condition called polycythemia, which results in a thickening of the blood. He had his first stroke related to the condition in 2000. In 2003, Cal Sr. purchased a 40 acre ranch in Sultan, Washington. Soon after, he purchased another 70 acre parcel nearby. Cal Sr. requested that Cal Jr. and his family move to the ranch to help care for him.

Issue

Whether Washington's antilapse statute is triggered when a beneficiary under a will is deemed to have predeceased the testator due to financial abuse.

Simply put, we must decide whether the antilapse statute is triggered when a beneficiary is found to be a financial abuser and deemed to predecease the testator under chapter 11.84 RCW.

Rule

Washington's antilapse statute, RCW 11.12.110, applies when a beneficiary under a will is deemed to have predeceased the testator, including cases of financial abuse as defined under RCW 11.84.

The antilapse statute, RCW 11.12.110, is clear on its face and applies to circumstances of financial abuse in the same manner as it would in a case of a slayer.

Analysis

The court determined that the antilapse statute applies in this case because Cal Jr. was found to be a financial abuser, thus triggering the statute. The court emphasized that the testator's intent did not override the application of the antilapse statute, as there was no clear indication in the will that Cal Jr.'s children should be disinherited. The court also noted that the statute's language was unambiguous and that the legislature intended for the antilapse statute to apply in such circumstances.

The antilapse statute then provides for the division of property when a beneficiary predeceases the testator. Nothing in the abuser statute indicates that the term predecease means anything different than it does in the antilapse statute.

Conclusion

The court affirmed the trial court's decision, holding that the antilapse statute applied in favor of Cal Jr.'s children and that the trial court did not abuse its discretion in awarding attorney fees to both parties.

We hold that Washington's antilapse statute, RCW 11.12.110, applies when a beneficiary under a will is deemed to have predeceased the testator, because he or she financially abused the testator under chapter 11.84 RCW.

Who won?

Calvin H. Evans Jr.'s children prevailed in the case because the court upheld the application of the antilapse statute, allowing them to inherit despite their father's disinheritance due to financial abuse.

The trial court upheld the will, denying Eaden's request to declare Cal Sr.'s will invalid due to lack of testamentary capacity and undue influence by Cal Jr.

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