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Senate clarifies probate terms in S.B. 104; bill advances to House
Summary
Senate Bill 104 clarifies how phrases like "share and share alike" are interpreted in wills and trusts (per capita vs. representation); sponsor said the bill resolves ambiguity between living children and descendants and the Senate approved final passage.
Senator John Ballantyne explained Senate Bill 104 on the floor, saying the measure clarifies long‑standing ambiguities in will and trust drafting about whether a deceased beneficiary's share passes to that beneficiary's children.
Ballantyne walked senators through commonly used phrases, explaining that "share and share alike" has generally been interpreted by courts to mean distribution to surviving children (not to the descendants of a deceased child), while modern terms such as "by right of representation" or "per stirpes" direct shares to a deceased child's heirs. He said the bill is intended to make that distinction clear in statutory language and to reduce litigation over older documents.
After discussion and waiver of summation, the bill was put to final passage. The clerk called the roll and recorded the vote; the chair announced the bill had received the necessary yea votes and would be forwarded to the House for their action.
