State Codes and Statutes

State Codes and Statutes

Statutes > Washington > Title-11 > 11-12 > 11-12-185

Doctrine of Worthier Title abolished — Exception.

The Doctrine of Worthier Title is abolished as a rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction if:

     (1) A grantor has established in inter vivos trust of real property;

     (2) The grantor has expressly reserved a reversion to himself or herself; and

     (3) The words "heirs" or "heirs at law" are used by the grantor to describe the quality of the grantor's title in the reversion as an estate in fee simple in the event that the property reverts to the grantor.

In all other cases, language in a governing instrument describing the beneficiaries of a donative disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.

[1994 c 221 § 18.]

Notes: Effective dates -- 1994 c 221: See note following RCW 11.94.070.