Gift to “lawful” descendants excludes non-marital children

In a case of first impression in Washington, the court in the case of In re Estate of Wright, 196 P.3d 1075 (Wash. Ct. App. 2008), held that the use of the word “lawful” to modify the term descendants limits those who may take to persons born during a valid marriage.

The court also held that enforcing the testator’s exclusion of non-marital children is not a violation of the Equal Protection Clause of the Fourteenth Amendment.