Individuals can’t anticipate many possible issues when doing their long-term and perpetual intergenerational trust planning. Both judicial and non-judicial modifications1 as well as decanting2 and trust protectors3 have been helpful to amend trust documents to accommodate many of these unanticipated changes.4 The grantor’s intent generally rules the day. Consequently, detailed and flexible trust drafting is generally very helpful. <
Tips From the Pros: Anticipating the Unanticipated With Trust Planning
Al W. King III suggests drafting detailed and flexible trusts to ensure that a grantor’s intent is followed, especially because an unforeseen issue can arise.