[WSBAPT] testamentary trust - discretionary funding

[Krista MacLaren]

Hi Folks,

I am wondering if anyone has ever used language saying basically that a testamentary trust shall be funded (versus outright distribution) at the discretion of the trustee after meeting with the beneficiary? 

I have a client who, upon the death of her step-mother, will receive an annuity that will pay her for 15 years or until the end of her life, whichever is longer.  If she were to die in less than 15 years after receiving it, then she at this time doesn’t believe her 26 year old son is mature enough to not waste it.  There is a good chance that by that time he will be more responsible.  The trustee was going to have a lot of discretion in making distributions, so he could just promptly distribute all assets, but I wondered if there is a good way to say that he has discretion as to whether to set the trust up at all.  

Thank you for your suggestions!


Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com <mailto:kjm.inc at mac.com>

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