TELESEMINAR: Discretionary Distributions: A Practical Guide to Planning, Drafting and Administering – A National Perspective
November 27, 2012
12:00 – 1:00 p.m.
1.00 MCLE hours
One of the difficult decisions in a trust is when to make a discretionary distribution. It is difficult for the settlor of the trust to confer that (often broad) discretion on a fiduciary. It’s difficult for a trustee because the standards established by law or by trust documents are often vague and that vagueness leads to substantial tension with beneficiaries who want more. It’s difficult for the planner and draftsman because the client often has an uncertain sense of what the standards for distributions should be in the first instance and client’s decision may shift over time over time. All of these difficulties combine to make discretionary distributions a source of contention and potentially litigation and liability. This program will provide you with a real-world guide to establishing and drafting distribution standards, and provide you tips on administration and how to avoid disputes with and among beneficiaries.
- Practical guide to discretionary distributions in trusts – establishing standards and making judgments for planners, draftsmen and fiduciaries
- Interpreting trust documents to discern objective, measurable standards for discretionary distributions
- Statutory and common law framework for discretionary distributions
- Understanding “HEM” – health, education and maintenance – standards and how they operate in practice
- How discretionary distributions are treated by corporate v. individual trustees
- Balancing the tension between income beneficiaries and beneficiaries with remainder interests
Jeremiah W. Doyle, IV, BNY Mellon Wealth Management, Boston