[WSBAPT] Date Needed for Testamentary Trust?

[John J. Sullivan]

I’ve never dated the testamentary trust. Instead I provide the date of the governing instrument “under will” or “under agreement” in the case of an RLT. 

John J. Sullivan

Sent from my iPhone

> On Nov 25, 2020, at 11:20 AM, Jane Bitz <jbitz at whc-attorneys.com> wrote:
> 
> 
> I am attorney for an estate where a testamentary trust is set up for grandchildren of the decedent. We are funding the Trust from the Estate and I am drafting a Deed of estate real property from the PR to the Trustee of the Trust. Ordinarily the grant would be: “To the Trustee of the Jones Family Trust dated ________.”
>  
> Do I have to use a date for this testamentary Trust? And if yes, do I use the Grantor’s Date of Death or the date that the Will was signed or other date?
>  
> What would be the best practice here?
>  
> Thanks.
> Jane.
>  
> Jane G. Bitz
> Of Counsel
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