Who Killed the Rule Against Perpetuities?
Grayson M. P. McCouch
University of Florida - Levin College of Law
January 18, 2013
Pepperdine Law Review, Vol. 40, No. 5, 2013
San Diego Legal Studies Paper No. 13-106
This article examines the relationship between the federal wealth transfer taxes and the rule against perpetuities. The decline of the RAP is often attributed primarily to the GST tax amendments enacted in 1986. However, while perpetual trusts were available long before 1986, their estate tax avoidance possibilities were not widely used. Even after 1986, simple repeal of the RAP leaves perpetual trusts exposed to potential estate taxation. In addition, settlors should consider non-tax considerations in assessing the attractions of perpetual trusts.
Number of Pages in PDF File: 21
Keywords: Estate Tax, Generation Skipping, Perpetuities, Dynasty Trusts, Perpetual Trusts
JEL Classification: K34
Date posted: January 22, 2013