Are ‘Life List’ Estate Planning Clauses Enforceable in Washington State?

The internationally bestselling book “The Life List,” adapted into a movie by the same name, is a thought-provoking film that also raises some compelling estate planning questions. The synopsis is that for Alex (Sofia Carson) to receive the inheritance her mother (Connie Britton) intends for her, she must first fulfill the “life list” of 12 conditions she has created, one of which is finding true love. 

Each entry on the list gets communicated to Alex through a series of videos her mother recorded before her death. Only when Alex satisfies a condition can she receive the following video from her mother’s estate planning lawyer in the series.  

While we can infer that Alex’s mother believed she had her daughter’s best interests at heart, two questions remain: Are life list estate planning clauses enforceable in Washington? And, do digital wills satisfy Washington’s requirements regarding will formation?

Are Conditions in Washington State Wills Legally Valid?

In Washington, a person creating a will can include conditions. However, whether those conditions will hold up in court will depend on what those conditions require of the intended beneficiary. 

For example, a will might stipulate that someone receives money only if they graduate from college, marry within a particular faith, or remain unmarried. Some of these conditions may stand, while a Washington court will likely strike down others because they conflict with public policy or place unfair restrictions on the intended beneficiary’s personal rights.

Washington courts will not generally call invalid conditions that are clear, specific, and not harmful. For example, hinging an inheritance upon finishing school or reaching a certain age is usually acceptable.

On the other hand, conditions that pressure someone into marrying or divorcing are generally construed as going against public policy, the idea that something conflicts with the values, laws, or general welfare of society. Washington courts will not uphold terms that encourage unlawful behavior or go against established legal principles.

The wording of a condition is also relevant. Vague language can engender conflicts among families and require court involvement to interpret. Because of this, anyone considering adding conditions to a will should exercise care in how they are written. A Seattle estate planning lawyer can help make sure the language reflects the testator’s intent as well as increase the likelihood that the will will be carried out as intended.

Can a Video Serve as Your Will?

A video recording on its own does not count as a valid will in Washington state. Washington state law requires that a will be in writing. It must also be signed by the person making it and witnessed by two competent individuals. While a video can capture a person expressing their wishes, it does not meet the state’s legal requirement for a properly executed will and, therefore, would not be accepted by a court as a stand-alone.

That said, a video can still serve a useful purpose. Some people choose to make a recording alongside a written will to explain their decisions in their own words. Doing so can help reduce confusion or conflict among family members. 

However, a properly executed will is what will ultimately carry legal weight, not the video itself. The same is true of ethical wills, despite being in writing. While ethical wills, non-legal letters written to express the creator’s values, beliefs, life lessons, and messages with loved ones, sometimes complement wills, they are not and cannot be relied upon as a legal directive.    

What Happens When There’s Only a Digital Will?

When someone passes away with only a video to state their intentions, Washington courts will treat the situation as though there is no valid will, meaning the deceased will have died legally intestate. In this case, state law would step in to decide how the deceased’s assets will be divided, which will be according to Washington state’s intestacy laws.  

Such a situation is not opportune. A court’s intervention can raise issues, since its decision-making may not reflect the person’s actual wishes for the disposition of their estate. For that reason, anyone who wants the peace of mind that the instructions they leave will be honored after they die should take the added step of putting them in a properly executed written will, and if desired, use a video or ethical will as a personal supplement rather than a substitute.

Speak With a Seattle Estate Planning Attorney About Creating a Valid and Enforceable Will in Washington State

When creating a will, it can be tempting to include provisions that enable you to exert control from beyond. However well-intentioned you are, the law has safeguards in place to curtail conditions it determines are too far-reaching. 

An estate planning attorney’s job is to create a will that accurately and clearly reflects the testator’s wishes in a way that a court will uphold it should someone question its authority or authenticity. That means making sure it is properly executed and in accordance with the criteria established in Washington’s estate planning laws. Having an experienced Seattle estate planning lawyer to consult with can result in the preparation of a will that you have confidence in, which, in turn, will offer you peace of mind throughout your lifetime. 

At Elise Buie Family Law, our team of Washington state estate planning attorneys understands that thinking about the time after we are gone is not typically at the top of our list of enjoyable activities. Still, it is a necessary one if you want to protect your loved ones in death as much as you have in life. Contact us today to discuss your individual circumstances or schedule a convenient time to speak with us.