Conditional Love: Incentive Trusts and the Inflexibility Problem

53 Pages Posted: 10 Jan 2006 Last revised: 13 Mar 2009

Joshua C. Tate

Southern Methodist University - Dedman School of Law

Abstract

This Article examines the contemporary phenomenon of incentive trusts: trusts that use money to encourage or discourage certain behaviors. Using evidence from Internet websites, practitioner articles, and newspaper articles, the Article considers the likely provisions that a typical incentive trust might have, and explains how such trusts might lead to a problem of inflexibility when they are not drafted so as to take into account the possibility of changed circumstances. The Article also examines current law regarding trust modification and termination as well as recent reform proposals, and suggests some alternatives that might better take into account the particular characteristics of incentive trusts.

Keywords: incentive trust, trust, inheritance, estate, law

Suggested Citation

Tate, Joshua C., Conditional Love: Incentive Trusts and the Inflexibility Problem. Real Property, Probate and Trust Journal, Vol. 41, pp. 445-496, 2006; SMU Dedman School of Law Legal Studies Research Paper No. 6. Available at SSRN: https://ssrn.com/abstract=873625

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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