[WSBAPT] Attaching a Ledger to a Will

[Eric Nelsen]

I think this could work. Think of it, not as part of the Will, but as decedent's records concerning intentional advancements made to each heir. The Will could say something like, "I intend to make advancements to my heirs during my life, which I intend to record on a ledger. Any and all gifts of money I make to any of my heirs made after [date] is an advancement and not a gift, regardless of whether or not such gift of money is recorded on the ledger. Distribution after my death to my heirs shall be adjusted to make total of advancements plus estate distribution to each heir equal." Then, the ledge is evidence of the advancements, but not incorporated into the Will. And bank records showing transfers might also be used, in case something isn't written on the ledger.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Wednesday, November 22, 2017 12:54 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Attaching a Ledger to a Will

Collective Minds Not Already On Holiday -

I have a client who wants to insert something along the lines of the following:

certain amounts may have been or will be gifted to the children from time to time.  A ledger will be kept as part of the will and the distribution of the estate may be adjusted pro rata based on outstanding balances due.

I have concerns about this. I know that monetary distributions are not permissible through the Personal Property Memorandum, but I fear for the validity of a ledger that wouldn't have been properly executed, would it be acceptable and valid if the ledger was kept by a disinterested third party?

Appreciate any guidance on this.

Thanks!

Brent

--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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