[WSBAPT] Contract for will

[Diane J. Kiepe]

Bryce,

I have done this once in a Will and have taken similar routes through trust planning - the key to success, in my humble opinion, is to have it in the testamentary document - a contract is bound to get lost, you have to restate the consideration differently, and there are probably some other points I am missing this late in the day - the other key to success however is that each side gives their child/children a copy ( sealed if they want) and makes sure the first estate is probated properly.

Another route for consideration is a traditional Will with a force trust for the survivor spouse with the trustee being a child of the decedent and a child of the survivor (not the survivor).  This method is preferred in some ways because once title to things vest in the survivor they can avoid the "no change" agreement by simply gifting property away.  Did you mention this route and they still insist on the contract?  If so, just make sure your closing letter reiterates the concerns 😉

I know you asked for a sample but at the moment I'm not recalling my client's name - happy to speak with you or e-mail directly more on this.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com
509-455-5300

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, October 6, 2020 4:14 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Contract for will

I have a situation where to unmarried individuals who are living together want to make wills in favor of each other with a remainder to their respective children. However they want to have a contract That upon the death of one the other can’t change the will cutting out the children of the deceased spouse. I would appreciate if anyone has a template of such a contract if they would forward it to me I realize theVarious issues and traps that can arise out of this type of contract but the parties insist on this arrangement. Thank you

Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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