Therefore, when a settlor
does not intend his choice of governing law to be permanent and the trust instrument includes a power to appoint a successor trustee, the law governing the administration of the trust may be changed [slip op.
Once that is established, one must use that finding as the guide for determining what the testator or settlor
if its beneficiaries are concerned that the settlor
The reservation by the settlor
of certain rights and powers, and the fact that the trustee may himself have rights as a beneficiary, are not necessarily inconsistent with the existence of a trust.
Appointing a trust protector (14) can provide the grantor assurance that someone is charged with certain powers to address circumstances the settlor
could not foresee, such as changes in either the tax law or state law.
Privacy and asset protection are key advantages of a trust, for example the terms of a will are in the public domain, and trusts are not, also if a Settlor
is in a partnership with unlimited liability these assets are out of the reach of his/her creditors.
Every trust has a creator or settlor
, trust property, a trustee and a beneficiary.
the effect upon validity of the subjective intention of the settlor
, Mr Kendle, at the time the trust instrument was executed, and the use of extrinsic circumstances to determine this ulterior, subjective purpose.
If a trustee or trustee's firm assisted the settlor
or testator in drafting the document and the exculpatory clause, a court may rule that the trustee drafted the clause to protect himself, thus breaching his fiduciary duty.
If that settlor
then gifts the reversionary interest that would make it a potentially exempt transfer, which could mean that most of the gift could be passed on with just a small amount covered by a CLT.
It provides that a trust settlor
creating a trust in Florida cannot designate the law of another state to govern the meaning and effect of the trust terms unless there is some demonstrable connection between the trust and the designated state.
117) To create a trust, the settlor
must voluntarily provide, i.
In the last decade, scholars and courts have begun conceptualizing the trust as a "deal": a private agreement between the settlor
and the trustee to manage the corpus.
Additionally, inflation, rising expectations, and an ever-growing army of surviving descendents of the settlor
and their dependents will encroach on the real value to a family of the accumulated wealth.
In this sense, the descendants were being disinherited from the property of their ancestors--in violation of the initial intention or agreement between the settlor