[WSBAPT] Mandating Therapy as testamentary trust provision

[Jennifer L White]

I have represented PR’s having to carry out these sorts of requirements – huge eye roll and a pain in the (insert body part). Universally hated provision of useless outcome.
It would likely be of more value for the testator to engage WITH the beneficiary in this kind of therapy before they actually die rather than trying to cram it down as a condition of receiving an inheritance (again, IMHO).  Of course, having previously handled domestic relations early on in my career, I also gave the statute that could require a certain number of marriage counseling sessions before dissolution, a huge eye roll, with the further opinion of waste of time and $$$.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D8E20A.81BA9A30]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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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