Delaware was the first state to pioneer many innovative trust laws, but the competition for trusts is fierce among the states. Wilmington Trust’s National Director, Delaware Trust Planning Jeff Wolken, sits down with Editor in Chief of Trusts & Estates magazine, Susan Lipp, at the 54th Annual Heckerling Institute on Estate Planning to share his insights on how Delaware sets itself apart from other states.Please see important disclosures at the end of the video.
As trusts evolve, the need for a robust and experienced trustee is paramount. Over the past half-century, the role of trustees has evolved rapidly along with the trust industry itself.Increased complexity of trust investments and expansion of modern trust laws are just two elements of this evolution.Modern trusts require the services of robust professional trustees adept at navigating complex legal, tax, investment, and regulatory issues.
When holding business interests in a trust, it’s important to understand the different structural models for fiduciary decision making.When a business interest is the primary asset in a trust, it can create challenges for both the Trustee and business owner.The trustee’s general fiduciary duty to diversify the trust’s investments may not align with the business owner’s goals.Certain trust features can help to alleviate this conflict.