[WSBAPT] Naming a testamentary trust as beneficiary of non-probate asset

[Jon Fritzler]

Client's Will provides for the share of a beneficiary be held in trust for the beneficiary.  Client wants to name the trust as a beneficiary of non-probate asset.  I advised client to use the following language for the beneficiary designation: "[Name of trustee] or his successor as Trustee of the Trust created under section 3.1(a) of my Will dated ______, 2023."  Client's financial advisor replied:  "Do you have the legal name of the trust?  We can list that as an entity in the beneficiary section of the account."

Thoughts on how to reply?  Mine is to explain that it is testamentary trust that doesn't come into existence until client's death and that is not assigned a "legal name" until that time.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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