Practical Issues in Using Trust Protectors, Including What Advisors Need To Know About Drafting Trust Protector Provisions: Powers, Duties, Liabilities, Rights & Fiduciary Issues
It’s no secret that the idea of using a protector in our trusts has taken hold on a broad scale here in the United States, and the reasons are clear. A trust protector can be given the power to adjust the trust provisions to accommodate unanticipated changes in family or beneﬁciary circumstances, changes in the law, and even drafting errors and omissions, all without the need for court proceedings.
And what about a decanting? Can the Protector be given the power to decant to a completely new trust? Are special provisions required? The problem is that drafting attorneys have been readily utilizing the protector with virtually no substantive U.S. case or statutory law to guide them. Thus it is often a matter of guess work, as, for example, when faced with questions such as who should be the protector, what powers should or may the protector be given? Is there any limit? And perhaps the biggest mystery of all, is the protector a ﬁduciary? And even if that is the case, can all his or her responsibilities simply be drafted away?
For insight into these questions, and more, be sure to join Alexander Bove, Jr., in his 60 minute LISI webinar titled "Using the Trust Protector to Decant, and Other Creative Ideas" on November 16th @ 3pm ET. During his webinar, Alexander will analyze and expand on the role of the protector, with emphasis on the question of decanting and asset protection, and the important drafting issues to consider when using a protector in your trusts. During his webinar, Alexander will cover some of important issues raised by the use of protectors, including:
Note:There will be no CE for this webinar.
- The various roles of the protector;
- Selection of the protector;
- Powers to consider giving the protector;
- Tax consequences of powers;
- Fiduciary vs non-ﬁduciary status;
- Using a protector to decant;
- Using a protector to effect an in-terrorem clause in a non in-terrorem state;
- When to use a springing protector;
- Drafting considerations;
- And any questions you might have;
There will be no CE for this webinar
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