Legal Question in Wills and Trusts in Washington
Trust Agreement outside Will O.K.?
I am creating a testamentary Trust via my Will.(Have incl. Trustee,gen. ''hold, manage,etc. directions, corpus,Beneficiaries,Discretion to Trustee,''irrevocable'', general purpose,length of Trust). Can I state that ''the Terms of the Trust are written and have been given to my Executrix and Trustee'' and not include them all in the body of the Will? I wish each child's Trust provisions to be their private affair. Is there a problem w/this, or a way around it? Also, re. the 'purpose' would ''for the benefit of my children and charitable contributions'' be sufficient? The terms of each child's Trust vary widely,(as do their ages - 19-45,and their circumstances, and several charities are included. Your input would be much appreciated. My thanks in advance.
1 Answer from Attorneys
Re: Trust Agreement outside Will O.K.?
Your question bothers me.
It is clear that you have put a lot of thought into your estate plan, but unclear whether you have an attorney or not.
If you have counsel, these are questions to ask that person. If you are doing this yourself, it's time to stop and pay a lawyer to answer your questions.
You should schedlue a consulation with an attorney who practices in trusts and estates.
I simply cannot give you a responsible answer based on the information you have provided. Your question is predicated on a simple misunderstanding of a couple of very basic conceptual differences between trusts and wills, and I am sure that somebody would be happy to explain it to you.
Powell