Learn the pros and cons of using a trust protector (in addition to a trustee) for your clients who use trust agreements to manage and distribute their assets.
What You Will Learn
Trust protectors, persons who essentially stand in the shoes of the settlor, were originally deployed in the context of offshore trusts to give settlors better control over assets and protection from creditors. More recently, trust protectors have been used to ensure that the settlor’s intent is being implemented even after death, and to provide flexibility in trust administration.
What kind of powers can a trust protector wield and what is the source of the trust protector's powers? Do all trust protectors have the same powers? Trust protectors are not trustees but are they agents or fiduciaries, and if so, for whom? Do trust protectors have fiduciary duties? What is the standard of care applicable to trust protectors? When should a trust protector be used and when should the use of a trust protector be avoided?
Join Kathleen R. Sherby, partner, ByranCave LLP, St. Louis; Professor Richard C. Ausness, University of Kentucky College of Law, Lexington; and Justin T. Flach, BryanCave LLP, St. Louis, for a thorough discussion of:
Use of trust protectors, what they are and do
Essential trust provisions for defining within the trust instrument the scope of trust protector powers and duties
State of the law (both statutory and case law) in defining what trust protectors are
Faculty discuss what trust protectors are, how they are used, and offer practical considerations for when to use (or not use) them.
1:30 p.m. Program Ends.
Total 60-minute hours of instruction: 1.0; Total 50-minute hours 1.2
Suggested Prerequisite: Two to four years’ experience in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments