41 Pages Posted: 3 Oct 2008 Last revised: 7 Sep 2015
Select financial institutions and members of the Bar have seized upon the presence of the limited exemption from the generation skipping transfer tax provided under the Internal Revenue Code to promote so-called dynasty trusts as a means whereby individuals can build dynastic wealth for a family forever free from transfer taxes. To realize such benefits, the trust must be governed by state law that does not impose the Rule Against Perpetuities. The promise of dynastic wealth is unlikely to be realized due to several factors. Administrative and tax costs are likely to reduce the yield on such trusts to a level where inflation, rising expectations and an ever growing band of beneficiaries are typically assured to outpace the ability of the trust to deliver the benefits anticipated by trust settlors.
Suggested Citation: Suggested Citation
Turnier, William and Harrison, Jeffrey Lynch, A Malthusian Analysis of the So-Called Dynasty Trust. UNC Legal Studies Research Paper No. 1276224; University of Florida Levin College of Law Research Paper No. 2008-04. Available at SSRN: https://ssrn.com/abstract=1276224 or http://dx.doi.org/10.2139/ssrn.1276224