[WSBAPT] Revoking a will in favor of trust

[John J. Sullivan]

Brent:

The power to change testamentary dispositions has to be specifically granted in the power of attorney. 

I have taken the position that even without that an AIF can revise the means for disposition as long as the substantive dispositive design intended by the principal is followed. For example, I have advised an AIF to create and fund an RLT that is identical in dispositive terms  to the principal’s Will. 

John J. Sullivan

Sent from my iPhone

> On Aug 27, 2018, at 2:05 PM, Brent Williams-Ruth <brent at bwrconsults.com> wrote:
> 
> List mates -
> 
> Can a designated attorney-in-fact create a testamentary document for an otherwise incapacitated person?
> 
> My first thought would be yes, if the POA grants such a power. But then I can also argue that from a logical standpoint that this could be beyond the scope of the POA act. 
> 
> Appreciate any insights.  
> 
> Brent
> 
> Brent Williams-Ruth
> Founding Member
> BWR Consulting, PLLC
> Phone: (425) 830-5134
> e-mail: brent at bwrconsults.com / website: www.bwrconsults.com
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