[WSBARP] Testamentary Trust

[John J. Sullivan]

Jim: 

Most of my wills contain all of the language governing a testamentary credit shelter/bypass or QTIP/Marital trust for a surviving spouse. Same with minor or GST trusts for descendants or SNT’s. 

My pour over wills obviously “pour over” into RLTs, which can themselves have the same testamentary trust provisions as my wills. 

In the interests of minimizing documents (that sometimes sprout legs and walk away) I try to limit my planning to as few documents as necessary, unless there is a good reason otherwise. 

John J. Sullivan

Sent from my iPad

> On Sep 7, 2021, at 9:19 AM, Jim Doran <jim at doranlegal.com> wrote:
> 
> 
> 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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