WASHINGTON IRREVOCABLE TRUST
Pursuant to Title 11 Probate and Trust Law
This Irrevocable Trust is made this ______ day of __________________________, 20_____, by and be-
tween:
Grantor
______________________________________ with a mailing address of _____________________________________
(referred to as the “Grantor,”) and
Trustee
______________________________________ with a mailing address of _____________________________________
(referred to as the “Trustee,”)
The Trustee agrees to hold any property transferred to this Trust from whatever source in
trust upon the following terms:
Article 1. Name of the Trust: This Trust shall be known as the
“_______________________________________________ IRREVOCABLE TRUST.”
Article 2. Funding of Trust:
(1) On the date set forth above, the Grantor transferred to the Trust the property de-
scribed on “Attachment A" which is attached and incorporated into this Trust.
(2) The trustee may accept property from any source and upon any terms, but no ad-
ditional property may be added, other than by the Grantor’s will, if the trustee be-
lieves it will not be in the best interest of the beneficiaries.
(3) The purpose of this trust is to manage the Grantor’s assets and to use them to al-
low the Grantor to live in the community for as long as possible.
(4) The trust created by this agreement shall be irrevocable. The Grantor may not re-
voke or amend this agreement in any way.
Article 3. Life of the Grantor: During the life of the Grantor, the trustee may pay the Grantor
or may pay on the Grantor’s behalf as much of the income of the trust as it shall determine
in its sole and non-reviewable discretion to be necessary for the Grantor’s care and well be-
ing. Any income not paid may be accumulated and added to the principal. The principal shall
be held until the termination of this trust.
Article 4. Death of the Grantor: Upon the death of the Grantor, except as otherwise set forth
below, the Trustee shall hold, administer and dispose of the Trust Estate as follows:
A. The trustee shall divide the principal and any undistributed income into equal shares
to be distributed equally among the following beneficiaries:
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
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Name ______________________________________ Address ______________________________________
Name ______________________________________ Address ______________________________________
Name ______________________________________ Address ______________________________________
Name ______________________________________ Address ______________________________________
B. Failure of All Beneficiaries: In the event of the failure of all beneficiaries, then the
Trustee shall pay and transfer the Trust Estate, discharged of this Trust, to the person or
persons who would be entitled to inherit from ______________________________________ (Name
of Grantor) under the laws of the State of Washington, had (he/she) then died unmar-
ried, intestate and domiciled in that State, and possessed only of the property to be dis-
tributed.
C. Distribution to Any Person Who is Under the Age of 21: If distribution is to be made to
any person who is under eighteen (18) years of age and who is not then a beneficiary of
any portion of the trust property under any provision of this Trust, the Trustee may
make the distribution free of all trusts to the minor, to a parent of the minor for the mi-
nor’s benefit, or to a custodian designated by the Trustee for the minor, and that distri-
bution shall represent a complete discharge of the Trustee.
Article 5. Payment of Death Taxes, Administration Expenses, Etc.:
Upon the death of the Grantor, the following shall be applicable:
1. The Trustee shall pay all or any portion of any of the funeral expenses, expenses of
administration, debts, taxes (including estate, inheritance or similar taxes arising by
reason of the Grantor’s death), interest, penalties and legacies that the legal repre-
sentative of the Grantor’s estate may, in accordance with the Grantor’s Will, certify in
writing to the Trustee.
2. In the event the assets of the Grantor’s residuary probate estate shall be insuffi-
cient to pay for the Grantor’s funeral expenses, expenses of administration and all
Federal and State taxes in the nature of estate, inheritance or like taxes, such obliga-
tions shall be paid by the Trustee to the extent that they exceed said residuary pro-
bate estate assets.
3. In making any payments under this Article, the Trustee may rely on any certificate
of the legal representative of the Grantor’s estate as to the amount of said payment
and the person to whom it is to be paid.
Article 6. Estate of Grantor: Notwithstanding the instructions in Article 4 with respect to the
distribution of income and principal, the Trustee is authorized in its discretion to use the
income and principal of the Trust, from time to time as follows:
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
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A. To purchase and to retain as investments any securities or other property, real or per-
sonal, belonging to the estate of the Grantor.
B. To make loans or advances to the personal representative of the estate of the Grantor
on such reasonable terms as it deems advisable.
C. The Trustee is not obligated to see to the application of any funds paid over to the es-
tate of the Grantor.
Article 7. Trustee Powers: As an extension and not a limitation of all common law and statu-
tory authority, and except where in conflict with any other provision in this Trust, the Trus-
tee shall have the following powers and authority:
A. To accept and receive property, real or personal, from the Grantor, from the Grantor’s
estate or from any other estate, trust or person, and to hold the same as a part of the
Trust.
B. To collect income, interest, dividends, rents and profits.
C. To retain any part or all of the property, real or personal, received to be held in trust
hereunder in the form of investments, and to invest and reinvest the property of the
Trust in any investments as the Trustee may deem proper without regard for the
principles of diversification or whether any form of investment would ordinarily be
considered as suitable for a trustee to make or hold; and to retain any real estate or
tangible personal property received to be held in trust hereunder and/or to acquire
any real property and/or tangible personal property, permitting the beneficiaries to
make such use thereof as is advisable and commensurate with their beneficial inter-
ests, and to make repairs and improvements and pay taxes, insurance premiums and
other charges with respect thereto as the Trustee may deem advisable.
D. To sell any real or personal property of the Trust at public or private sale for cash or
on credit or to exchange the same on terms as the Trustee may deem advisable; to
lease any real or personal property of the Trust at times and on terms as the Trustee
may deem advisable, whether or not the lease may extend beyond the term of any
trust.
E. To borrow for the purposes of the Trust and to mortgage or pledge any real estate or
personal property as security for any such loans.
F. To foreclose by entry or otherwise, extend, assign or give partial releases of any
mortgages, to discharge mortgages or liens on real or personal property.
G. To sign, seal, execute and deliver all proper and necessary conveyances and instru-
ments for the purposes of the Trust.
H. To grant options for the sale or exchange of any property.
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
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I. To vote in person or by proxy upon all stocks or other securities held and to exercise
all conversion, subscription, voting and other rights of whatever nature pertaining to
the property of the Trust and to pay any sums as may be deemed advisable in con-
nection therewith; and to exercise stock options.
J. To participate in any plan of reorganization, consolidation or merger, to deposit any
property of the Trust under any such plan or with any protective or reorganization
committee, to delegate to such committee discretionary power with respect thereto,
to pay a proportionate part of the expenses of the committee and any assessments
levied under any plan and to accept and retain new securities received in pursuance
of any plan.
K. To hold securities or any real or other personal property in the name of a nominee or
nominees, or in any other form.
L. To employ legal counsel, investment counsel and agents, to decide whether or not to
act upon their recommendations and to pay to them reasonable compensation from
the Trust Estate.
M. To take any proceedings at law or in equity with reference to or in any matter con-
cerning the Trust and to represent the interests of the Trust in any proceedings, with
power to compromise or refer to arbitration any dispute in any way affecting the
same.
N. To take steps and to do any acts which may be deemed necessary or proper for the
due care and management of the Trust.
O. To value all property to be divided or distributed at then current fair market values,
and, in the Trustee’s discretion, to convert all or any part of such property into mon-
ey and to make division or distribution thereof in kind or in money
P. To refuse to accept property as a trust asset if such property could result in liability to
this Trust or otherwise impair the value of any Trust property.
Q. To place any portion or all of the trust funds in any custodial or agency account or
other similar account administered by a banking institution or trust company and to
rely upon their investment decisions, such not constituting an unauthorized delega-
tion of the Trustee’s duties; provided that this paragraph shall not be applicable if the
Trustee is a corporate Trustee.
R. To have dealings between or among separate trusts or trust shares hereunder, includ-
ing the purchase, sale or exchange of assets, or the borrowing or lending of money, on
such reasonable terms as may be appropriate in the circumstances.
S. To open and maintain checking or savings accounts in any bank or banks and to des-
ignate any one or more persons to execute checks or make withdrawals therefrom.
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
Copyright © 2015 FreeDownloads.net. All Rights Reserved.
T. To make loans to any person or persons upon such reasonable terms as the Trustee
may determine, provided that no loan shall be made to any person who is also serving
as a Trustee hereunder.
Article 8. Payment of Premiums: The Trustee shall in no way be bound to pay the premiums
or other charges on any policy payable hereunder, nor to see that any such policy is kept in
force, but shall use its best efforts to collect any sum payable thereunder whenever by the
terms of such policy or policies, the same shall be payable to the Trustee and it shall have
knowledge thereof.
Article 9. Distributions by Trustee; Limitation on Exercise of Special Power of Appointment:
The Trustee is authorized to make payments of principal or income directly to and other-
wise to deal with minors as though of full age or to make such payments for the benefit of
such minor, or to the parent or person having custody of the minor for his or her use, all as
the Trustee may designate. No grantee or holder of any special power of appointment grant-
ed under this Trust shall have the right or power to exercise such special power in any
manner that can satisfy any legal obligation of such grantee, or holder, including, but not lim-
ited to, any legal obligation of support.
Article 10. Accounting: Unless directed otherwise by an adult beneficiary of the Trust, the
Trustee may accept such amount of property distributed to it by the legal representative of
the Grantor’s estate as constituting all the property to which the Trustee is entitled under the
Grantor’s Will. The Trustee shall have no duty to review the administration of the Grantor’s
estate by such legal representative, unless the Trustee has actual affirmative knowledge of
any impropriety in such administration.
Article 11. Spendthrift Provisions: The interest of any beneficiary in any share or part of
this Trust, both principal and income, shall not be alienable, assignable, attachable, transfer-
able nor paid by way of anticipation, nor in compliance with any order, assignment or cove-
nant and shall not be applied to, or held liable for, any of his or her debts or obligations ei-
ther in law or equity and shall not in any event pass to his or her assignee or trustee under
any instrument nor under any insolvency or bankruptcy law, and shall not be subject to the
interference or control of creditors, spouses or others. Nothing contained in this Article shall
be construed as restricting in any way the exercise of any power of appointment granted
herein.
Article 12. Dealings With Third Parties: Any person, firm, corporation or entity dealing with
the Trustee may always, rely upon the Trustee, as being duly authorized hereunder in all
particulars; and no such person, firm, corporation or entity shall in any way be responsible
for the proper use or application of any property delivered, or any funds paid over or ad-
vanced, by any of them to the Trustee; and the receipt of the Trustee for any payment or ad-
vancement made to the Trustee, or for any property delivered to the Trustee, shall be a
complete discharge and acquittance to the extent specified in such receipt. Persons dealing
with the Trustee shall look only to the property administered by the Trustee for payment of
claims and not to the Trustee’s personal property.
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
Copyright © 2015 FreeDownloads.net. All Rights Reserved.
Article 13. Successor Trustees and Other Provisions Dealing With Trustees:
A. Successor Trustee: The Grantor appoints ______________________________________ with a
mailing address of ___________________________________________ as initial successor Trustee
and if he shall die or otherwise be unable to fulfill the duties herein, the Grantors ap-
point ______________________________________ with a mailing address of
___________________________________________ as second successor Trustee. Any Trustee may
resign at any time by a written instrument delivered to any person authorized to ap-
point a successor Trustee. A successor Trustee shall make a written acceptance of
office. At no time may an individual who is a beneficiary hereunder (other than ei-
ther of the Grantors) be appointed Trustee. 3
B. Resignation of Trustee: Any Trustee hereunder may resign by a notice in writing de-
livered to the Grantor, if the Grantor is then living, and, after the Grantor’s death, to
all current beneficiaries of this Trust.
C. Certified Copies and Certificate of Trustee or Attorney at Law: Anyone may rely upon
a copy hereof certified by a Notary Public to be a true copy of this instrument
D. Trustee’s Accountings: The Trustee, may, and, upon request of any beneficiary here-
of, shall, render periodic accounts, no more often than quarterly, with respect to the
trusts hereunder to the person or persons then entitled to receive any income or
principal from this Trust.
E. Bond: No Trustee hereunder be required to furnish bond, or surety on any bond, for
the performance of its duties as Trustee in any jurisdiction.
F. Successor Trustees or Co-Trustees: All rights, powers and exemptions reserved or
granted to the Trustee hereunder shall extend to any successor Trustee or co-
Trustee. No successor Trustee or co-Trustee shall succeed to such office until
he/she/it accepts such office in writing. Any successor Trustee or co-Trustee may ac-
cept, without examination or review, the accounts rendered and the property deliv-
ered by any predecessor Trustee or present co-Trustee without liability. Each succes-
sor Trustee or co-Trustee has the same title, power and duties as the Trustee suc-
ceeded or, in the case of a co-Trustee, the other then present Trustee, without any
additional conveyance. Any reference to a “Trustee” refers equally to any successor
Trustee or co-Trustee.
G. Compensation of Trustee: Any individual Trustee serving hereunder shall be entitled
to be paid a reasonable fee from the Trust Estate, based on the amount of time ex-
pended by such Trustee in carrying out his/her duties hereunder. Any corporate
Trustee shall be entitled to be paid a fee based upon its fee schedule from time to time
published by it.
H. Liability of an Individual Trustee: No individual Trustee (as opposed to a corporate
Trustee) shall, with respect to the investment of trust property, be liable for any ac-
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
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tion taken, or failure to act, unless such action, or failure to act, was done willfully and
in bad faith.
I. Corporate Trustee: The term “corporate Trustee” shall mean a Trustee which is a
banking institution or trust company regularly engaged in the business of trust ad-
ministration in which no beneficiary has any controlling interest.
Article 14. Governing Law: This Trust is made and executed in the State of Washington and
is to be governed and construed according to the laws of said State.
Article 15. Incompetency: A person, including a Trustee or Special Trustee, shall be deemed
incompetent for purposes of this Trust if a physician sets forth his or her opinion in writing
that such person is incapable of caring for his or her person or property.
Article 16. Gender References: Whenever the context permits, the use of a particular gender
shall include any other gender, and references to the singular or the plural shall be inter-
changeable.
Schedule A
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
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WITNESS my hand and seal on the day first above written.
WITNESS
Signature ______________________________________ Printed Name ______________________________________
WITNESS
Signature ______________________________________ Printed Name ______________________________________
GRANTOR
Signature ______________________________________ Printed Name ______________________________________
______________________________________ hereby accepts the Trust hereinabove created upon the
terms set forth herein and agrees to act as Trustee thereunder.
TRUSTEE
Signature ______________________________________ Printed Name ______________________________________
STATE OF ___________________
County of ___________________
On this _________of ___________________, 20_____, personally appeared the above-named
______________________________________ and acknowledged the foregoing to be (his/her) free act
and deed, before me.
___________________________
Notary Public
My Commission Expires:
Nothing herein shall be considered legal advice. You are encouraged to seek legal advice
from an attorney licensed to practice in your jurisdiction before using this form.
Copyright © 2015 FreeDownloads.net. All Rights Reserved.
