[WSBAPT] Trust Beneficiaries Named in Exhibit to Trust

Kristin Reeder kristin at klrlaw.net
Thu Dec 22 18:25:26 PST 2016


I had to deal with that exact situation in a Trust Administration.  They had a list of charities named in an exhibit, changed the exhibit and didn’t execute it correctly according to the terms of the Trust and then one Trustor died.  It was a mess.  I’d caution against it.

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, December 22, 2016 3:51 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust Beneficiaries Named in Exhibit to Trust

 

List-

 

I'm working with a client who has asked that I draft them a RLT that directs distributions to contingent beneficiaries named in an exhibit incorporated by reference into the Trust. Has anyone worked with this sort of model before? I haven't been able to find anything that would automatically cause such a distributive scheme to fail unless the client failed to properly execute the list of contingent beneficiaries.

 

Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110

 

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