Perpetual Trusts and the Settlor's Intent

32 Pages Posted: 17 Feb 2005 Last revised: 30 May 2010

Joshua C. Tate

Southern Methodist University - Dedman School of Law

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.

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

Suggested Citation

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

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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