[WSBARP] Testamentary Trust

[michael westseattleattorney.com]

Same - contingent trust in Will

[cid:b04e8922-6c28-46c9-8a10-5ed25c14a472]

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Sent: Tuesday, September 7, 2021 10:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Testamentary Trust

I just do a trust in a will.  simpler.

Joshua F. Grant
[advocates]
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<http://www.doranlegal.com>

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