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Thursday, January 16, 2020, 1:00-2:00pm

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 assets to be taxable to the holder of the power of appointment. 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 provides a real world guide to planning and drafting distribution provisions in trust instruments, including the tradeoffs and risks.

  • Risks of discretionary distributions – power of appointment, taxable inclusion, litigation
  • Cost/benefit of heavily detailed v. general distribution provisions
  • Ascertainable standards – health, education, maintenance, and support (HEMs)
  • Drafting sole and absolute discretion, emergencies, best interests, and standard of living
  • Role of fiduciary duties in making distribution decisions
  • Tax considerations when making distributions

Click on the "In Depth" tab for tuition and speaker information.

Product Information
Date Presented:
January 16, 2020 1:00 PM Eastern
1 hour
Registration Fee:
Drafting Distribution Provisions in Trusts | Phone/Audio Streaming

All Attendees: $80

Early discount and CLE Premier Pass rates are not available for this program. 

Speaker Information
Daniel L Daniels   [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 1.00
CLE Premier Pass