[WSBAPT] contract for wills

[Kim Hammit]

Thank you.  It seems to me that the best practice is to find any way but
mutual wills.  I’ll need to have another sit down with the clients.

 

From: Carl Gay [mailto:carl at greenawaylawfirm.com] 
Sent: Wednesday, December 12, 2018 5:51 PM
To: 'WSBA Probate & Trust Listserv'
Cc: 'Kim Hammit'
Subject: RE: [WSBAPT] contract for wills

 

Dear Kim and others,

 

For what it’s worth, absent other complicating factors, in what I believe is
a stable blended family situation, I use the following “mutual will”
language, have each spouse sign the other’s will (thus a form of a
contract), and upon the death of the first spouse, I send the ultimate
beneficiaries (i.e. his kids and her kids) a copy of both wills and a very
general inventory of the assets at the time of death of the first spouse.
It’s never been challenged (in nearly 40 years of use), but there are always
risks whenever one tries to represent both spouses in second marriages:

 

ARTICLE  5.  Mutual wills.

 

         My *wife and I are simultaneously executing these wills with the
intention they be binding mutual wills to ensure our estates (other than
assets acquired by the survivor between us subsequent to the death of the
first spouse) are shared by our respective descendants as provided herein.
In consideration of the ultimate dispositive scheme of our respective wills
as set forth in ARTICLE 4 above, my *wife and I agree not to destroy,
revoke, change, alter, or amend these wills, make any new will, codicil,
trust, or other testamentary disposi­tion(s), or otherwise gift or dispose
of property without the full written consent and agreement of the other.  My
*wife and I further agree the survivor between us will act prudently and in
good faith to conserve his or her estate, while still maintain­ing the
standard of living and quality of life to which he or she has been
accustomed, in order that the survivor's estate can be ultimately
distributed to our respective beneficia­ries in accor­dance with this will.

 

     


















..

 

IN WITNESS WHEREOF, I have initialed for identification purposes all pages
of this my Last Will and Testament and have executed the entire instrument
by signing this page on _______________, 20*, at *Port Angeles, Washington.

 

 

 
______________________________________

 

(husband)

 

         I am in agreement as to the provisions set forth above regarding
mutual wills.

 

         DATED:  ______________________, 20*.

 

 

            ______________________________________

            (wife)

 

 

 

CARL LLOYD GAY  

 

what counts in life is what we do for others

               

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:clgay at tfon.com>
carl at greenawaylawfirm.com

Telephone               (360) 452-3323


Facsimile                  (360) 452-3724 

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kim Hammit
Sent: Wednesday, December 12, 2018 11:04 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] contract for wills

 

I have a situation in which the clients (unmarried partners) are wanting to
do a contract for mutual wills.  I’ve not done this before.  Any guidance
would be greatly appreciated.  Is this a separate contract and the
consideration is simply “mutual contract for will?”  Any form language or
actual forms I can borrow from would be much appreciated as well.  Thank
you.

 

 

Kimberly S. Hammit

Associate Attorney

 

GSJONES LAW GROUP, P.S.

1155 Bethel Avenue

Port Orchard, WA  98366

Tel:  (360) 876-9221

Fax: (360) 876-5097

 

 

 

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