[WSBAPT] Educational Trust with time limit

Brent Williams-Ruth brent at williams-ruthlaw.com
Mon Jul 7 08:04:10 PDT 2025


Greetings Brain Trust -

I had a probate years back. It was a self-written will that included an
educational trust for an estranged child of the decedent.  There were
specific provisions regarding payment for college/post high school
education, including a "must start by date" or risk forfeiture to the
contingent beneficiary.

The time has now passed and the contingent beneficiary is wanting "their"
money.

When Decedent passed, bio-mom was guardian for the child and was given
notice. When the child turned 18, notice was also given directly to them
about the Trust provisions.

The trust terms were very specific stating that "failure to provide such
information (about enrollment into a program) to the trustee will forfeit
any benefit of the education trust fund."

I have never had a gift lapse like this before and am unsure as to whether
a final communication is required that details that they have lost out on
these funds.

Appreciate any thoughts on this.

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

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

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