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Drafting Distribution Provisions in Trusts (teleseminar)
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This program will provide you with a real world guide to planning and drafting distribution provisions in trust instruments, including the tradeoffs and risks.

1/17/2018
When: 01/17/2018
1:00 PM to 2:00 PM
Where: United States
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.

 
DRAFTING DISTRIBUTION PROVISIONS IN TRUSTS, 1 CLE hour
 

Distribution provisions are the most essential provisions of trust instruments – and risk lurks everywhere.  If a trustee has unbounded discretion, he or she risks a “general power of appointment,” which would cause the trust’s property to be taxable to the power holder.  But distribution standards – especially for “standard of living” or “emergencies” – are inherently susceptible to multiple interpretations and dispute, and potentially to litigation.  Ultimately, planning and drafting these provisions is an exercise in risk management and tradeoffs.  This program will provide you with a real world guide to planning and drafting distribution provisions in trust instruments, including the tradeoffs and risks. 

 

Defining and drafting trust distribution standards
Risks of discretionary distributions – power of appointment, taxable inclusion, litigation
Cost/benefit of heavily detailed v. general distribution provisions
Understanding ascertainable distribution standards – health, education, maintenance, and support
Drafting sole and absolute discretion, emergencies, best interests, and standard of living 
Tax considerations when making distributions
Fiduciary duty as standard overlaying all distribution decisions 

 

Speaker:

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.


 

*(Teleseminar courses qualify for self-study credit only)  

 

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