The Unintentionally Defective Trust

The Unintentionally Defective Trust

Avoid these five drafting mistakes

A smart man makes a mistake, learns from it, and never makes that mistake again. But a wise man finds a smart man and learns from him how to avoid the mistake altogether.”1


There’s been much discussion in the literature about the intentionally defective grantor trust as a planning tool. Frankly, we see more unintentionally defective trusts: trusts with various drafting errors. Often these are merely humorous goofs,2 but som

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