Abusive Discretion: Discretionary and Supplemental Trusts Created in Settlement of Personal Injury Claims

Authors

Brad Jones Berkness

Abstract

Discretionary and supplemental trusts are often created in settlement of personal injury lawsuits to shield the settlement proceeds from the beneficiary's care-provider's claims. Washington courts provide no clear direction on creditor access to such trusts. This Comment argues for a legislative provision in Washington that makes these trusts accessible to creditors who provide necessities to an injured party. This Comment argues for allowing access regardless of any discretion or supplemental support language in the trust, because these trusts are self-settled and violate public policy.

First Page

437

Recommended Citation

Brad J. Berkness, Comment, Abusive Discretion: Discretionary and Supplemental Trusts Created in Settlement of Personal Injury Claims, 67 Wash. L. Rev. 437 (1992).
Available at: https://digitalcommons.law.uw.edu/wlr/vol67/iss2/5