Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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In Washington State, the statute that voids beneficiary designation gifts to former spouses upon divorce is RCW 11.07.010. This statute is a crucial aspect of Washington divorce law, designed to address issues that arise when individuals forget to update their estate planning documents after a divorce. 

Here’s a breakdown of the key aspects of RCW 11.07.010: 

• Automatic Revocation: The statute automatically revokes provisions in written instruments made before a divorce or termination of a registered domestic partnership that favor a former spouse for the payment or transfer of nonprobate assets at death.
• Legal Fiction: It operates under the legal fiction that the former spouse died at the time of the dissolution decree, so the nonprobate asset passes as if they had not survived the decedent.
• Applicable Assets: This includes assets like life insurance, pension plans, payable-on-death bank accounts, annuities, and individual retirement accounts.
• Exceptions: Automatic revocation does not apply if the written instrument expressly states otherwise, if a divorce settlement governs the disposition of the assets, or if the former spouse is redesignated as the beneficiary after the divorce. 

How it has Made a Difference:

RCW 11.07.010 has had a significant impact by preventing unintended inheritances by former spouses when individuals forget to update their beneficiary designations after divorce. This law provides clarity and certainty, reducing legal disputes and encouraging people to update their estate plans. It also helps protect intended heirs, such as children, from being disinherited. 

Important Notes:

• ERISA Preemption: The statute cannot be applied to pension plans governed by ERISA, as federal law takes precedence. In these cases, pre-divorce designations usually remain unless changed.
• Importance of Legal Advice: It is essential for individuals divorcing or who have divorced to consult with an attorney to review their estate planning documents. 

By automatically revoking beneficiary designations to former spouses, RCW 11.07.010 has been instrumental in Washington State for preventing unintended inheritances and promoting clearer estate planning after divorce. 

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.