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Drafting Trust Distribution Clauses: Health, Education & Maintenance (Teleseminar)
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Drafting Trust Distribution Clauses: Health, Education & Maintenance (Teleseminar)

1 CLE hour

When: 12/02/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

1 CLE hour

One of the most problematic areas of trust planning is defining the distribution powers of a trustee. Drafting broad discretionary distribution powers or tightly defined powers each come with their own challenges. Broad discretionary powers are the often the source of dispute and litigation as beneficiaries challenge trustee decisions.  Tightly defined powers, however, often fail to accommodate changing circumstances – economic, tax, life circumstances of beneficiaries – becoming too inflexible to be functional. Incorporation of “HEM” – or health, education and maintenance – standards is helpful but still fall short of providing a clear guide to trustees and being dispute-proof.  This program will provide you with a real-world guide to drafting distribution clauses in trust documents, the practical tradeoffs and risks of each approach, and common traps to avoid.  

Drafting distribution provisions in trusts – tradeoffs, risks, and traps 
Statutory and common law framework for discretionary distributions
Discretionary powers – how to provide flexibility without fostering disputes 
Limits and risks of drafting narrow distribution powers – shifting law, economics, and life circumstances 
Interpreting trust documents to discern objective, measurable standards for discretionary distributions 
Understanding “HEM” – health, education and maintenance – standards and how they operate in practice 
Balancing the tension between income beneficiaries and beneficiaries with remainder interests


Daniel L. Daniels
is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.


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