[WSBAPT] Mandating Therapy as testamentary trust provision

[Christopher Neil]

Along the same lines as Amy L., counseling is a rather personal, self-reflective process. 

Requiring a Trustee to compel (as opposed to specifically approve) attendance to the hypothetically recalcitrant beneficiary might be counter productive, and a waste of time & money.  The mandatory nature has the possibility of setting the future Trustee at battle with that hypothetically recalcitrant beneficiary.  

There’s a big difference between encouraging, cajoling and mandating.   


Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | Chris.Neil at NeilLaw.com
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> On Oct 13, 2022, at 3:49 PM, Lewis, Amy C. <ALewis at Eisenhowerlaw.com> wrote:
> 
> One issue is whether the PR or trustee will be willing to enforce/monitor the requirement. 
>  
> Amy Lewis, Attorney
> Pronouns she/her/hers
> <Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png>
> 
> 909 A Street, Suite 600 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com <http://www.eisenhowerlaw.com/>
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto: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 <mailto: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
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> Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
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