That’s Not What Mom or Dad Wanted

That’s Not What Mom or Dad Wanted

The role of settlor’s intent on long-term trusts

Effectuating a settlor’s intent is supposed to be a primary guiding principle of trust law. For centuries, courts have stated that their primary purpose in a trust case is to give effect to the “settlor’s intent.”1 Yet, the settlor’s intent isn’t often articulated. Many trust creators never have a conversation about what they truly intend to accomplish with a trust. The subject often only arises when a beneficiary claims, “But that&rsqu

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