Trust-Based packages are centered on a Revocable Living Trust and assemble all core estate planning documents together in a single coordinated workflow. Trust-based planning includes a pour-over Will to transfer any probate assets into the trust at death.
Trust-Based packages may be used for:
- A single individual
- A married couple using a Joint Revocable Trust
- A married couple using Separate Revocable Trusts
- An unmarried committed couple using Separate Revocable Trusts
When drafting for couples, ancillary documents may be drafted as mirrored documents or separate documents depending on the planning package selected.
Select a Trust-Based Package
From the Library, select your product and navigate to the Estate Planning Document Packages folder. Begin drafting by selecting the correct relationship-status subfolder for your client(s):
- Married Couple
- Single Person
- Unmarried Committed Couple
From there, select the appropriate Trust-Based Planning Package and open the drafting interview. Trust-based packages generally fall into two structural categories.
Joint Revocable Trust Packages
In a Joint Revocable Trust plan, both clients are parties to a single trust agreement that governs the disposition of the couple’s assets. Depending on the package selected:
- Ancillary documents may be drafted as mirrored documents, or
- Each client may receive separate ancillary documents tailored to their individual roles.
Separate Revocable Trust Packages
In a Separate Revocable Trust plan, each individual has their own revocable trust agreement.
You will typically:
- Draft the first client’s trust and ancillary documents.
- Use the Flip Parties function to draft the second client’s plan.
- For detailed instructions on the Flip workflow, see this article.
Before You Begin Drafting
When you open the Trust-Based package, you will arrive at the Estate Plan Drafting Interview. The interview is designed to guide you through the drafting process step by step, from document selection through final assembly.
Before entering new information, consider whether you want to begin with existing data.
Using Existing Client Answers
If you are drafting for a returning client or continuing work on a previously saved file, click Load Answers at the top of the screen. This allows you to reopen an existing answer file and resume drafting without re-entering information.
For detailed instructions about how to use existing answer files, read this article.
Exploring the Interview with Sample Data (Optional)
If you are new to the workflow or would like to see how the system functions before entering live client data, you may click Load Sample Data. This feature populates the interview with example client and family information so you can explore each tab and see how selections affect document output.
For more information about drafting with sample data, read this article.
Every drafting interview is organized into tabs along the left-hand navigation menu, and each tab has its own detailed guidance. As a best practice, complete the interview in order. Earlier tabs (particularly Document Selection and Document Planning) establish the structure for the drafting questions that follow.
Confirming Your Document Selection
Once you are ready to begin substantive drafting, move to the Document Selection tab. This is where you confirm which documents will be included in the estate planning package.
In a Trust-Based package, this typically includes:
- Revocable Living Trust
- Pour-Over Will
- Durable Power of Attorney
- Health Care Power of Attorney
- Health Care Directive
- HIPAA Authorization
- Disposition of Remains
- Certification of Trust
- Assignment of Tangible Personal Property to Trust
- Funding Deed
- Blank Gift List
- Estate Plan Summary
- Execution Instructions
Take a moment here to ensure your selections reflect the client’s planning goals. Document selection determines which drafting questions will appear in later tabs. For detailed guidance on completing this tab, see this article.
For couples drafting joint trust plans, you will confirm document selection for the entire package, although each individual still signs their own ancillary documents.
After selecting the documents that will be drafted in your package, proceed to the substantive drafting tabs.
Drafting the Trust
After confirming your document selection, proceed through the interview tabs in order. Each tab builds on prior selections and gradually constructs the client’s estate plan. This article provides an overview of what each section accomplishes. For detailed step-by-step instructions, refer to the article dedicated to each tab.
Document Planning Tab
The Document Planning tab establishes global drafting assumptions, terminology, and core structural decisions that determine how the interview unfolds and which provisions are included in the final documents. Selections made here control features such as:
- Definitions and terminology
- Treatment of stepchildren
- Pre-residuary gifts
- Structure of the residuary distribution
- Whether a spouse is a beneficiary at the first spouse’s death
For detailed guidance on each option, see the full Document Planning Tab article.
Revocable Trust Terms
This tab establishes several foundational terms for the Revocable Trust. You will identify the name of the trust as it will appear in the document and indicate whether the trust is being drafted as a new trust or as an amendment and restatement of an existing trust.
You will also determine whether the trustee should have authority to make lifetime gifts if the grantor becomes incapacitated. If gifting authority is selected, the trust provisions are coordinated with the gifting provisions in the Durable Power of Attorney, allowing the trustee of the Revocable Trust to make gifts directly during the grantor’s incapacity without relying solely on the agent acting under the power of attorney.
Trustees for the Revocable Trust & Survivor's Trust
This tab governs the appointment of Trustees and successor Trustees for the revocable trust and, if established, the Survivor's Trust. For guidance about fiduciary designations, see this article.
Tangible Personal Property
This tab addresses how tangible personal property will be distributed under the Trust. You may:
- Incorporate personal property gift lists
- Select how the residue of personal property is distributed
- Add a selection process to handle possible disputes
For detailed instructions about completing this tab, see this article.
Specific Bequests
If you selected certain specific gifts on the Document Planning tab, a Specific Bequests tab will appear. On this tab, you can draft provisions for:
- Cash gifts
- Gifts of real estate or business interests
- Pet provisions
For an overview of options and detailed drafting guidance, see this article.
Personal Representatives
This tab governs the appointment of the Personal Representative for the pour-over Will that accompanies the trust-based plan. The structure of this tab mirrors the fiduciary selection process used for trustees.
Disposition at First Death
For Married and Unmarried Couples Plans
If drafting for a couple, and on the Document Selection tab you've chosen to benefit the spouse as a residuary beneficiary, this tab determines how property is handled upon the first spouse’s death. There are several choices, including:
- Whether assets pass outright
- Whether trusts are created
- Whether any tax planning formulas will be used
For detailed guidance about these options, see this article.
Terms for Trusts Created at First Death
This tab configures the administrative and distribution provisions for any trusts created for a surviving spouse at the first death, including Credit Trusts, Disclaimer Trusts, Family Trusts, and Marital (QTIP) Trusts.
While the decision to include a spousal trust is made in the first-death distribution section, this tab defines how the selected trust(s) operate, including their distribution standards, powers of appointment, remainder structure, and tax-sensitive provisions.
For detailed guidance on each spousal trust option, see this article.
Noncitizen Spousal Trust Planning (QDOT)
If a client is a non-citizen, this tab will appear so that you can configure the administrative and distribution provisions of the Domestic Marital Trust (structured as a Qualified Domestic Trust (QDOT)). For detailed guidance on QDOT structure and drafting options, see this article.
Trustees for Trusts Created at First Death
If you've chosen to establish a trust for the surviving spouse or partner on the Disposition at First Death tab, this tab allows you to name trustees and successor trustees. The structure of this tab, which is identical to the Personal Representatives or Trustees tabs, is discussed in detail in this article.
Disposition of Remaining Trust Assets
This tab controls the residuary clause of the Trust. For single clients, this is the primary distribution section. For married or unmarried couples' plans, it governs distribution at the second death, including distribution of the Survivor's Trust and the trusts created for the spouse or partner at the first death.
Here, you will select:
- The primary residuary beneficiaries and how their shares are distributed
- Whether distributions are made outright or in trust
- If trusts are created, the types of trusts
- Contingent beneficiaries and how their shares are distributed
You may distribute the residue using:
- Entire Residue (one combined share), or
- Percentage Shares (divided into different shares with per-share beneficiaries)
The selection between entire residue and separate shares is made on the Document Planning tab.
For detailed guidance about the distribution of the entire residue, see this article.
For detailed guidance about the distribution of the residue in percentage shares, see this article.
Ultimate Beneficiary
This tab allows you to designate a final “catch-all” beneficiary who will receive the remaining estate only if all primary and contingent beneficiaries have predeceased the client.
The ultimate beneficiary ensures that the estate will still be distributed according to the client’s intent rather than relying on intestacy law or an unintended disposition due to a failed gift. You may designate the ultimate beneficiary as:
- One or more named individuals
- A class of people (such as children or grandchildren)
- One or more charitable organizations
- The client’s heirs-at-law
Trustees for Trusts for Residuary Beneficiaries
If you've chosen to establish a trust for any residuary beneficiary on the Disposition of Remaining Estate tab, this tab allows you to name trustees and successor trustees. The structure of this tab, which is identical to the Personal Representatives or Trustees tabs, is discussed in detail in this article.
Terms of Trusts for Residuary Beneficiaries
If you've chosen to establish a trust for any residuary beneficiary on the Disposition of Remaining Estate tab, this tab allows you to choose the terms for these trusts, including distributions, remainder beneficiaries, and powers of appointment.
For detailed guidance about this tab and its choices, see this article.
Appointment and Removal of Trustees
This tab addresses who has authority to appoint, remove, or replace trustees of trusts created under the Trust. You can also determine whether a non-spouse beneficiary may elect to serve as trustee of their own trust at certain ages.
This tab only appears when the Trust creates trusts at the first or second death and will change options depending upon the types of trusts created. For detailed drafting guidance about this tab, see this article.
Boilerplate Choices
This tab allows you to customize certain structural and administrative provisions within the Trust and related documents. Although these selections may appear routine, they affect how the Trust is administered, how fiduciaries operate, and how certain default provisions apply. Review each option carefully to ensure it aligns with the client’s planning goals.
The tip icon next to each option includes sample output language for each selection. For more detailed guidance on each selection, see this article.
Document Execution Tab
This tab allows you to configure certain formatting and execution-related details that will appear in the assembled documents. These selections do not change the substantive provisions of the estate plan but control how the documents are executed and presented.
You may:
- Identify the attorney and notary who will appear in the execution blocks
- Enter the names and addresses of witnesses if that information is available in advance
- Select footer and page numbering preferences for the assembled documents
Drafting Ancillary Documents
After completing the trust provisions, continue through the remaining drafting tabs. Each ancillary document is completed individually, even when drafting mirrored plans.
Refer to the following articles for detailed instructions:
- How do I draft a Durable General Power of Attorney?
- How do I draft a Health Care Power of Attorney?
- How do I draft a Health Care Directive?
- How do I draft instructions for the Disposition of Remains?
Execution Instructions
If the client will be signing their documents in person but without the attorney present, Agile EP can generate Execution Instructions to accompany the package.
To prepare them, go to the Document Selection tab and select Execution Instructions. The system will generate instructions for all documents included in the package.
Before sending the instructions to the client, review the generated document and complete the small number of remaining fill-in fields as needed.