How should a Trust or Will Reformation be filed based on SHB 1051 from the 2011 Legislative Session?
SHB 1051 from the 2011 Legislative Session allows a trust or will to be reformed to conform to the intent of the maker. Courts should:
- file the case using the existing Case Type 4 Cause Codes of TRS or EST.
- It should be entered the same as a standard Probate/Guardianship case.
- add a person, including a testator, who creates or contributes property to a trust using the Connection Code TST.
- not enter a Resolution and Completion code.
- A resolution may be appropriate depending on if an agreement of all parties is filed at time of case initiation.
- SHB 1051 Sec 22(2)(b) indicates that the trustee shall mail a copy of the registration to each person entitled to notice and that those persons receiving notice have 30 days to file an objection. In this scenario, it would not be appropriate to enter resolution/completion codes at the time of case initiation.
For a list of all the bills from the 2011 Legislative Session that impact the Superior Courts, see eService Answer 2011 Legislative changes impacting Superior Courts and Juvenile Departments .
RN id: 2254