[WSBAPT] Will Contract wills between spouses?...

[Sarah McCarthy]

Listmates,
I've got a married couple, blended family with adult kids on both sides,
just hell-bent on signing "will contract" wills.  I've tried to persuade
them that a Trust (or even multiple trusts) would be a better tool for
their goals.  But they've had bad experiences with trusts. (PTSD -
post-trust stress disorder. ;) ) They want surviving spouse to have total
freedom in her/his use of the property and assets until he/she dies, with
no responsibility of any kind to communicate with or answer to the
kids/stepkids.  The only restriction they want is that surviving spouse
can't later change his/her will. I've tried to explain to them that
surviving spouse could get around this by simply giving stuff away during
life, selling property and depositing sale proceeds to financial accounts,
changing beneficiary arrangements on those financial accounts, etc...)

I've never done one of these as I've always succeeded in persuading similar
clients to establish some form of trust as an alternative.

Does anyone do "will contract" wills?  Am I correct in my understanding
that this is a form of post-marital agreement that requires both spouses to
seek out separate counsel?

Or is this a form of spousal estate planning that is permissibly done with
a single estate planning attorney?

Any other input or guidance on this?

Thanks!

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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