Chapter A.In General

• Jurisdiction: Washington

A. IN GENERAL

The problem of so-called "will substitutes" is generally one of testamentary disposition without actually making a will. They include such familiar choices as life insurance policies, inter vivos trusts, and joint tenancy. If these devices simply are presently effective transfers of property or an interest in property that have some effect at the transferor's death, there is no difficulty But to the extent that they are attempts to transfer that property or interest only at the transferor's death — that is, the transferor has "testamentary intent"—they take on the aspect of a will, and at least in theory they must meet the formal requirements for execution that a traditional will must satisfy¹ Moreover, if the device is testamentary, then even if it does...