[WSBARP] Testamentary Trusts

[Susan Donahue]

I think you can create a certificate of trust signed by the trustee. The certificate will give the basic facts about the trust and the powers of the trustee. That can be used in lieu of presenting the entire trust and will. You don’t have to create a new trust document. Just a certificate of trust. I gave a sample if you want one ask me off line. 

Susan.

 sdonahue at sdonahuelaw.com   

Sent from my iPhone

> On Dec 7, 2021, at 1:35 PM, Jim Doran <jim at doranlegal.com> wrote:
> 
> 
> A basic question for Trust experts:
> 
> Testator put a clause in her Will that one of her son's "share is to be held, administered and distributed in trust as follows:"  The Trust is essentially a spendthrift trust for one of her sons.  The Will describes the purpose of the Trust and directions for regular payments to the son from the Trust.  Attached to the Will is an Exhibit "A" that recites many of the standard trustee rights, duties and responsibilities.  Exhibit "A" is 6 pages long of trust boilerplate.
> 
> Exhibit "A" is not signed as the actual Trust.  However, there is a provision in the Will that incorporates Exhibit "A" into the Will to be considered part of the Will.
> 
> My question is whether the Will and Exhibit "A" can be used as the actual Trust document or if a new Trust document needs to be drafted that complies with all of the terms of the Will and Exhibit "A"? 
> 
> The second question is if the funds are simply put into a separate bank account for the son, will the funds be protected from creditors without an irrevocable trust being created for the funds?
> 
> Client, of course, doesn't want to incur the expense of drafting up the new Trust if the language in the Will and Exhibit "A" are sufficient.  I wonder if a Bank will accept the Will and Exhibit "A" as the actual Trust.
> 
> Any comments would be appreciated. 
> 
> JIm Doran   
> 
> 
> 
> 
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
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