Trusts, Estates and Tax Group


Speaking Material 
          November 2011
          Directed Trusts - Everything You Need to Know - Delaware Bankers
          Association - Delaware Trust Conference (PDF 62 KB)

Morris Nichols' Todd Flubacher and J.P. Morgan's David Diamond teamed up to present Directed Trusts – Everything You Need to Know at the 2011 Delaware Trust Conference. The program discussed a range of Delaware directed trusts topics – from Delaware’s original directed trust statute, observations about Section 3313, the various types of direction advisers, the requirements for effective bifurcation, the direction letter, and longer term considerations for the role of the trust advisor. Click here to download a PDF of the full PowerPoint Presentation.

Speaking Material 
          November 2011
          Taking Advantage of the Delaware Advantage: Why and How to Settle
          Trusts in Delaware and Move Trusts to Delaware (PDF 3MB)

UPDATED FOR 2011 - How to take advantage of Delaware's directed trust statute and other attractive Delaware statutes, Delaware creditor protections, Delaware dynasty trusts, Delaware Chancery Court supervision, and considerations when changing a trust situs to Delaware... (more)

Speaking Material 
          October 2011
          Trust Decanting: Flexibility and Danger Strategies – Strafford Publications
          Webinar (PDF 2MB)

Trust Decanting: Flexibility and Danger Strategies covers important Delaware decanting pointers including how to evaluate a trustee’s power versus its duties to decant, determine the applicable law, understand trustee liability concerns, and more.  Click here to download a pdf of the full PowerPoint Presentation.

Speaking Material 
          October 2011
          The Delaware Decanting Statute - Trust Decanting: Flexibility and Danger -
          Crafting Trust Terms to Achieve Tax Benefits, Revise Fiduciary Powers, and
          Mitigate Beneficiary Liability - Strafford Webinar (PDF 68 KB)

At least ten states have enacted so-called "decanting statutes."  The statutes vary in their details but the fundamental concept behind each is essentially the same in that all of the statutes permit trustees authorized to make outright distributions from a trust to instead make such distributions in further trust.  The concept is simple but the implications and opportunities are immense and complex.... (more)

Client Update  
          July 2011
          Delaware Trust Act 2011 Signed Into Law (PDF 427 KB)

On July 13, 2011, Delaware Governor Jack Markell signed Trust Act 2011 into law, effective August 1, 2011.  Trust Act 2011 provides advancements in Delaware trust law that will provide settlors, beneficiaries and fiduciaries of trusts with more tools and greater flexibility to accomplish their objectives.  Morris Nichols’ Trusts, Estates and Tax Group is pleased to share our eighth annual Delaware legislative update with you.  This newsletter addresses the material provisions of the new legislation. . . (more)

Publication  
          January 2011
          Put Decanting to Work to Give Breath to Trust Purpose - Estate Planning
          Magazine (PDF 2MB)

Morris Nichols' Todd Flubacher and PNC Wealth Management vice president Ann Marie Levin authored Put Decanting to Work to Give Breath to Trust Purpose featured in the January 2011 edition of ESTATE PLANNING magazine that examines one of the most significant advancements in modern personal trust law: the enactment of state decanting statutes that specially authorize trustees to effectively amend the provisions of irrevocable trusts... (more)

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