Fixer Upper: Using an NJSA to Fix a Broken Directed Trust

Over the last decade, directed trusts have become commonplace in Delaware. More and more, settlors and beneficiaries are using trusts to implement complex investment, tax and wealth transfer objectives that come in conflict with the limitations of traditional fiduciary duties and pose potential risks on fiduciaries. Settlors often accomplish these objectives by employing directed trusts that bifurcate responsibilities (such as investments) from the rest of the traditional trust administration functions, assigning them to a separate adviser who will direct the trustee to carry out those specific objectives.

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Todd A. Flubacher, “Fixer Upper: Using an NJSA to Fix a Broken Directed Trust,” Delaware Banker Magazine (Summer 2014)