Category Archives: Trust Decanting

4 Estate Litigation Predictions For 2018

The new year is a good time to look ahead at what trends we may expect to see in the area of estate litigation in 2018. I have 4 predictions. #1: The Volume Of Estate Litigation Will Continue To Increase We are very likely to see an increase in the volume of estate litigation in 2018. There are many reasons for this. First, our society is increasingly aging, and with more elderly people passing away each year, the scope of potential estates and trusts that could give rise to litigation increases. Second, more money is being passed down via inheritance …

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Posted in Fiduciary Duties, No Contest Clause, Trust Decanting, Trust Protectors \ Comments Off on 4 Estate Litigation Predictions For 2018

Trust Decanting Disputes

As trust decanting becomes increasingly popular, we can expect to see more disputes and litigation regarding trust decanting. This blog post examines some of the main issues that will likely arise in those disputes. First, what is trust decanting? The Uniform Law Commission states: “’Decanting’ is the term used to describe the distribution of assets from one trust into a second trust, like wine is decanted from the bottle to another vessel. Decanting can be a useful strategy for changing the outdated terms of an otherwise irrevocable trust, but can also be abused to defeat the settlor’s intent.” Essentially, decanting …

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Posted in Fiduciary Duties, Trust Decanting, Trust Disputes \ Comments Off on Trust Decanting Disputes