Signed, Sealed and Delivered in the presence of us who are witnesses to the same: To whom you have also given your (sign and seal) in their presence: *932 [List item] Our names are:(Insert Your name) [List item] We are witnesses in your presence to the signing of these Documents, that you may know that you have sealed these Documents with our Witnesses, and the Seal of the Holy Spirit. (Signature and Witness) [Insert name and title of individual] Notary Public or Secretary of Church [Signature and Signature of Witness] Date: [Insert date] [Insert name and title of officer of Corporation if different from last signatory] Commissioner's Certificate State of _______ County of ______ S On this ____ day of ________, ______, 20____, I, ____, being duly sworn, on ____ the ____ day of ________, ____ (year) 20___, at ____ (place) ______ (city) ______ in the (State) of ______ and (Country) of ______, testified that I personally witnessed the above and that it was signed, sealed, acknowledged by each party thereto, and delivered to each other in my presence by the foregoing individual, for the uses and purposes therein expressed. [Signature] [Signature] STATE OF OREGON ) COUNTY OF WASHINGTON ) ) I, ________________________, Commissioner of Charitable Trusts for the State of Oregon, County of Washington, hereby certify that on this day before me, the undersigned officer, in the City of ___________, County of _________________, personally appeared _________, otherwise known as __________, who being duly sworn stated that he or she is a resident of the State of Oregon and that he or she is a party to this instrument, that they executed the same freely, without compulsion or duress and that their names are subscribed hereto as subscribing witnesses. Dated this day of , 19 , and signed in the City of _________________, County of ____________________. I, ______________________ (Insert Seal), Commissioner of Charitable Trusts for the State of Oregon, County of Washington hereby certify that on this day before me, the undersigned officer, in the City of ___________, County of __________, personally appeared _______, otherwise known as ________, who being duly sworn stated that he or she is a resident of the State of Oregon and that he or she is a party to this instrument, that they executed the same freely, without compulsion or duress and that their names are subscribed hereto as subscribing witnesses. Dated this day of , 19 , and signed in the City of _________________, County of ____________________. Subscribed and Sworn to before me this _______ day of _______, 19____, by __________________________ and _______. Notary Public (SEAL) Notary Public. [Place and date] [SEAL] To whom it may concern: [Insert any particular information desired.] Title: [Insert name and address] Attorney [Insert name and address] [Signature] [SEAL] STATE OF OREGON ) COUNTY OF WASHINGTON ) ) This instrument was executed on the day of 19__, by _______________ (signing officer). [If document requires further notary action, sign and date below.] [Insert name of person signing, as notary public, or if signing by attorney, insert name and address of attorney.] THE STATE OF _________________________ _________________________ STATE OF ___________________________ COUNTY OF ___________________________ This instrument, consisting of two pages, was executed on ____day of __________, 19____ by ______________ (first party), and ________________(second party). Page 1 Page 2 [Date] [Insert name and address of notary public] THE STATE OF ________________________ ________________________ (Italics ours.) [7] In order to create an irrevocable donative trust, the settlor must designate a beneficiary. In this regard, RCW 11.100.010 provides: The terms "trust" and "trustee" as used in this chapter shall be construed to include any or all trusts created by declaration, agreement, deed, transfer, will, or other instrument in writing, for the purpose of conveying, directly or indirectly, any property or interest therein, and every trust heretofore created by will shall be construed to be declared in writing within the meaning of this chapter. [8] In addition, an "instrument in writing" includes a declaration of trust. RCW 11.02.010(13) provides: "Declaration of trust" means an instrument containing an expression of intention to create a trust; provided, that, for purposes of RCW 11.94A RCW only, an agreement between persons that it shall become effective only upon performance of future acts by one or more of the parties, shall be deemed to be a "declaration of trust". [9] In addition, the terms "trust" and "trustee" as used in the statute means any fiduciary relationship through which one person holds property or exercises control over property for the benefit of another. RCW 11.02.010(10) provides: Trust includes an estate in property, an interest in property, a trust, an executory contract to transfer an interest in property, and a beneficial interest in a trust or property, whether legal or equitable. [10] The trust estate should be described in an instrument containing an expression of intention to create a trust or by reference to a definite document which contains such description. In addition, RCW 11.94A.060 provides: (1) The court shall find the facts specially upon each issue of fact material to the proceeding and state its conclusions of law thereon. (2) The court shall enter such orders as it finds are required to carry out the terms of this chapter. (3) If a person dies before the appointment of a guardian, the court shall enter orders as it finds necessary to appoint a guardian and establish an appropriate guardianship estate for the protection and benefit of the proposed ward. (4) A complete statement of the facts found and the conclusions of law shall be entered in the journal or recorded in a separate document included in the clerk's file. [11] A "trust agreement" is an instrument in writing, signed by the settlor, or by another party in his or her fiduciary capacity, creating a trust. A "declaration of trust" is an instrument in writing stating the trustor's intention to establish a trust and specifying the trustee's duties and the persons who are beneficiaries and the amount of their beneficial interest. A declaration of trust also states a declaration of trust is irrevocable. An "order" means an order adjudging a party to be incapacitated and appointing a guardian of the property of the proposed ward or an order appointing a guardian to serve during the minority of the proposed ward. [12] The terms of a trust must be stated clearly so that, without extrinsic evidence, the court or jury may properly interpret the trustor's intent. The evidence of this intent may be found in the language of the trust instrument, the circumstances surrounding its execution, the situation of the parties, and other evidence which may assist the court or jury in determining whether a trust was intended. An "irrevocable trust" means a trust in which it is the duty of the trustee to distribute the entire beneficial interest of the trust property to the beneficiaries at the time of the trustor's death. An irrevocable trust does not permit revocation or amendment by the trustor or beneficiaries during the settlor's lifetime.