[WSBAPT] Need template for drafting trust for nonincapacitated adults created by terms of will

Wed May 13 14:19:51 PDT 2020

When a trust is created in a will, all you need to do is draft a Certificate
of Trust which sets out the terms that are specified in the will.  It is
signed by the trustee who is designated in the will.  If the designated
trustee declines to serve, the alternate, if one is specified, becomes the
trustee.  If there is no trustee, you have to go to court to have one
appointed.  When the probate closes, the beneficiaries sign off that they
have received their inheritance which they will receive via the trusts that
will be created for them.  If you email me, I'll show you some examples I've
done.

Susan

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 <http://www.sdonahuelaw.com> www.sdonahuelaw.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Candace Wilkerson
Sent: Wednesday, May 13, 2020 1:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Need template for drafting trust for nonincapacitated
adults created by terms of will

Hi Listmates,

I am representing the PR in a nonintervention probate case.  The terms of
the will strangely require that a separate ("Descendants') trust be created
for each of the 3 beneficiaries of the estate (all adults, none disabled in
any way), and that a separate trustee be appointed for each trust (named in
the will).  As far as I see it, there is no need for the court to make any
determination regarding these trusts since the will lays out the terms
pretty clearly, and the trustees are willing to be appointed.

I've dealt with special needs trusts created from the wills during probate,
but never ones like this.

My questions are:

1.	Is it necessary to actually draft trust instruments for these
trusts? And if so, can I simply attach the trust terms laid out in the Will
as Ex. A to each trust?  Or do I need to create a separate irrevocable trust
for each, and type all of the trust terms from the will into each document?
2.	If I need to create a trust instrument for each, should each be
signed by the PR of the estate as Settlor, and the appointed trustee?
3.	Or is it enough to have the PR sign the trust instrument, and then
have the trustees sign an Acceptance of Appointment to be kept with the
trust records for each trust?

Does anyone have a Word template of a similarly created trust instrument
they would be willing to share with me offline?  I'd really appreciate it.

Thanks,

Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media

Candace Wilkerson  | Senior Associate  |  Wong Fleming 

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050 
 <mailto:cwilkerson at wongfleming.com> cwilkerson at wongfleming.com

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