Practitioners who draft trust documents don’t always consider that certain terms or language can make it very hard for the fiduciaries who are trying to enforce the grantor’s wishes. The panel will discuss these clauses and offer some ideas for fixes that can be incorporated into these problem provisions. Trust documents need to be comprehensive and clear. The use of certain terms or confusing language can make it nearly impossible for fiduciaries to enforce a grantor’s wishes. How terms are defined, clarity in writing passages and clear terminology and intent can make a huge difference.

This CLE course will present the specific clauses one needs to watch out for and offer strategies and tops for how to revise these provisions for a smoother process later on.