[WSBAPT] Drug testing requirement in Will

[Maureen Wickert]

Eric makes great points as usual. 

I have included in testamentary trusts for a beneficiary prone to drugs or alcohol with drug testing protocols, incentives for remaining clean, and authority for trustees to pay beneficiary's rehab or treatment services and any counseling services. 

Very truly yours, 
Maureen A. Wickert, Attorney at Law 

WICKERT LAW OFFICE 

14900 Interurban Avenue South, Ste 255 
Tukwila, WA 98168 
Phone: 206-859-5502 
Fax: 206-260-9005 
www.wickertlawoffice.com 
wickertlaw at comcast.net 

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----- Original Message -----

From: "Eric Nelsen" <Eric at sayrelawoffices.com> 
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com> 
Sent: Thursday, January 7, 2016 10:05:11 AM 
Subject: Re: [WSBAPT] Drug testing requirement in Will 

I have discussed it before with clients, and I have a faint memory of dealing with a Will once that had such a provision. 

The essence of the problem from estate planning perspective is that the client wants a certain thing - for the daughter to be sober - and thinks that the drug test is a way to ensure that. But if the drug test is simply a condition precedent and there is a fixed date, then the daughter may simply be able to plan to be clean for that date. It also is necessary to specify the test or tests that would be done - "drug test" is so vague as to be useless. What method of testing? Urinalysis, blood test, hair, fingernails? What drugs? 

Other questions - how many tests does she have to pass? When should the test take place? Does she get a second or third chance if she fails? Is the consequence truly "all or nothing" and has the client truly contemplated the possibility of the daughter receiving nothing simply on the strength of a single failed drug test? Is this truly helping the daughter to be sober? Or simply punishing her if she is not? 

If I remember correctly, I think the last time I discussed this with a client who wanted it, we ended up setting up a trust instead. 

Sincerely, 

Eric 

Eric C. Nelsen 
SAYRE LAW OFFICES, PLLC 
1320 University St 
Seattle WA 98101-2837 
phone 206-625-0092 
fax 206-625-9040 

-----Original Message----- 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson 
Sent: Thursday, January 07, 2016 8:55 AM 
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Drug testing requirement in Will 

Hello all, 

I have a client that would like to include a requirement in his will that his daughter be required to pass a drug test before she can inherit a certain amount of cash. 

I've never had the occasion to include this requirement in a will and I'm curious to hear what others think about this sort of provision or have experienced in probate when this requirement comes up. 

I appreciate your input. 

Thank you, 

Jennifer 

Jennifer M. Johnson 
Hanigan Law Office, PS 
360-795-3494 

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