[WSBARP] Testamentary Trust

[Jim Doran]

I might have to learn something today.  I try not to.

We all know that Testamentary Trusts are contained in a Will by the
testator.  The terms of the Trust may be well spelled out or general,
depending on how the Will was drafted.  I have been advised that if the
Will spells out the terms of the Trust in good detail then that Will with
the Testamentary Trust can be used as the Trust itself.

I have always thought that the Will directs the Executor/Personal
Representative to set up a Trust to conform with the directions in the
Will.  As a result, my practice has been to draft a Trust with the
provisions directed by the Will and more of the standard Trust language and
have the Executor/Personal Representative, who is now the Grantor/Trustor,
set up, execute and fund the newly drafted Trust.

Is this how you learned Trust attorneys do it?  Or can the Will with
Testamentary Trust language become the Trust document itself?

James 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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