The Bespoke Trust Protector – Tailoring the Role to Suit the Strategy
The use of trust protectors in domestic trusts has exploded in recent years as attorneys have developed innovative ways to deal with changing circumstances. The popularity of trust protectors is reflected in the growing body of statutory recognition, extending beyond directed trust statutes to the majority of states through the spread of the Uniform Trust Code. But as statutory law has grown in the U.S., there are few cases to guide practitioners through some of the more challenging issues concerning trust protectors.
We will examine the role of trust protectors under various states’ laws and consider the scope of powers that may be appropriate in common estate plans. We will discuss a strategic “fiduciary/nonfiduciary” framework based on U.S. law, with an eye toward drafting options in Wealth Docx®.