Abstract

http://ssrn.com/abstract=668024
 
 

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Perpetual Trusts and the Settlor's Intent


Joshua C. Tate


Southern Methodist University - Dedman School of Law


Kansas Law Review, Vol. 53, pp. 595-626, 2005

Abstract:     
In recent years, a number of American states have abolished the Rule Against Perpetuities, allowing for the creation of perpetual dynasty trusts. Some scholars have suggested that these states should also pass statutes making it easier for beneficiaries and trustees to undo a perpetual dynasty trust after the settlor has died. This article makes use of a novel source of empirical evidence - websites created by estate planners to entice clients to set up dynasty trusts - to show that settlors' goals would be frustrated by the proposed legislation.

Number of Pages in PDF File: 32

Keywords: Trusts, dynasty trusts, perpetual trusts, perpetual dynasty trusts, settlor's intent, settlor

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Date posted: February 17, 2005 ; Last revised: May 30, 2010

Suggested Citation

Tate, Joshua C., Perpetual Trusts and the Settlor's Intent. Kansas Law Review, Vol. 53, pp. 595-626, 2005. Available at SSRN: http://ssrn.com/abstract=668024

Contact Information

Joshua C. Tate (Contact Author)
Southern Methodist University - Dedman School of Law ( email )
P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-2791 (Phone)

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