[WSBAPT] Drug testing requirement in Will

Mon Jan 11 17:57:16 PST 2016

I have attached language I occasionally include in Wills when a one or more of a client’s children/beneficiaries have ‘issues’ that may merit withholding distribution of their share of the Testator’s estate.  The attached language assumes such beneficiary’s share of the estate will be held in Trust.

Respectfully,

Stuart Scarff, Esq.

3035 Island Crest Way, Suite 201

Mercer Island, WA  98040

206.236.1500

206.905.5912 (fax)

www.scarfflaw.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, January 07, 2016 11:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Drug testing requirement in Will

I have also worked with numerous clients who wanted drug testing provisions.  I just don't think it's practical for the reasons already offered.  Also, if the the trustee or PR is a family member or friend, I ask if they want to put them in that position, which I think would be very uncomfortable and a lot of work for the PR or trustee.  I've offered the option of donating money to, for example, a drug treatment program in honor of the heir (instead of direct bequest) or using a trust to give the heir a set amount of money every month or quarter without trustee's discretion.  It's a tough situation and very sad for parents.

Lisa E. Schuchman

206-325-2801

www.lisaschuchman.com<http://www.lisaschuchman.com>

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen

Sent: Thursday, January 7, 2016 10:05 AM

To: WSBA Probate & Trust Listserv

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> [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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