[WSBAPT] Equalization provision in a will?

[Lisa E Schuchman]

Has anyone used a provision in a will like the one below?  My clients have a lot of non-probate assets, including pre-tax retirement accounts that will eventually be used for their living expenses.  They'd like to make direct beneficiaries for the pre-tax funds but still have an overall plan based on percentages.  I'm trying to figure out if there is any reason this wouldn't work.

Equalization Provision.  It is my intent that the beneficiaries of my estate receive the proportional share of my residuary estate as provided in Article II, Section 2, taking into account both probate and non-probate assets that they receive as a result of my death.  Therefore, I instruct my Personal Representative to increase or decrease the proportional shares of beneficiaries under this Will to carry out, to the greatest extent possible, my wish that my beneficiaries share in my combined probate and non-probate assets in the proportions indicated.

Thanks.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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