[WSBAPT] Incorporation by Reference

[Lisa E Schuchman]

Hi, Heather,

This isn't directly answering your question, but I have at times recommended that clients in this situation leave the Seattle Foundation or the Pride Foundation (for examples) as beneficiaries. Then they work with the foundation to make a list of ultimate beneficiaries, which can be modified as needed during the donor’s lifetime. I’m not sure if the Seattle Foundation will give funds to individuals, and I’m pretty sure Pride does not, which may be a problem. If you do this you have to make sure the client follows through with the foundation to make the list of beneficiaries. I’ve done this a number of times and clients have been pretty happy with it.

Lisa E. Schuchman

I learn, I give. – Gloria Steinem

On Jul 3, 2019, at 10:24 AM, Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>> wrote:

Clients request the darndest things. “Just make up my Will without naming beneficiaries and have it say that I will leave my executor a list of beneficiaries. I want to be able to change that list anytime.”

In Wills it is clear that we can incorporate by reference any document existing at the time of making the Will by sufficient reference to the document in the Will. I would not attempt to have the Will incorporate a possible later created document, except as it relates to tangible personal property disposition.

Is there any reason to believe that such incorporation by reference of a later created document be OK in a Trust?

Any cites?

Heather

Heather S. de Vrieze
Attorney-at-Law
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