[WSBAPT] Using Decanting Power Pursuant to RCW 11.107

[Matt Yates]

Client's will has testamentary trust for son.  Client is worried that son's health may later lead to him being on disability (he is not currently).  Client wants to know if trust could be modified to become a special needs trust.  Seems like this is exactly what is intended under RCW 11.107 but I have admittedly not tread this ground before.  I'm inclined to do simply empower Trustee to exercise Decanting Powers consistent with RCW 11.107 in the event that Trustee determines a special needs would be beneficial to beneficiary.  Given the statutory requirements, I am not concerned about Trustee exercising discretion inconsistent with beneficiary's wishes.  Anyone have any experience or language that they would be willing to share?
Matt

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com> (New Email Address)
www.yatesmarshall.com

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