[WSBARP] Testamentary Trust

[Josh Grant]

I just do a trust in a will.  simpler.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jim Doran 
Sent: Tuesday, September 07, 2021 9:18 AM
To: WSBA Real Property Listserv 
Subject: [WSBARP] Testamentary Trust

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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