[WSBAPT] Mandating Therapy as testamentary trust provision

[Diane J. Kiepe]

Brent,

While I’ve not dealt with this specific issue, my position is that so long as a contingency does not violate a civil rights provision (something against race, religion, sexual orientation) I will be open to the placement in the document.  I would add that when you send the drafts for review and before signing that you can not guarantee it will be upheld if challenged but you are following the client’s instructions.  I could see this provision possibly being viewed as forced medical care and being thrown out.

Just where I typically start.

Diane J. Kiepe

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Thursday, October 13, 2022 1:57 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Mandating Therapy as testamentary trust provision

Greetings List -

A PC would like to make a condition to receiving the funds that the beneficiary participates in a specific number of counseling sessions to discuss a particular topic associated with shared family trauma.

I have heard of provisions associated with clean drug testing, etc....but never this.

Before I dive into the law library and down a million rabbit holes - I wanted to check with the collective first.

Appreciate any guidance and direction.

Brent

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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