Incentive trusts are a mechanism by which the settlor tries to “incentivize” or seek to control the behavior of beneficiaries. Settlors may want to encourage children or grandchildren to achieve certain educational milestones, maintain a job, get married or have children, or remain free of substance abuse or other risky behaviors. But there are serious limits – limits of what the law will allow a settlor to demand of a beneficiary or a trustee to enforce. There are also practical limits, including how to objectively judge a beneficiary’s behavior when making distributions. Incentive trusts are decidedly a mixed bag. This program will provide you with a real-world guide to drafting incentive trusts, counseling clients about their effectiveness and limits, and understanding what the law will (or won’t) allow.
• Uses and limitations – practical and legal – of incentive trusts
• Types of incentive trusts – and rates of success or failure in achieving settlor goals
• Structuring incentives so they can be objectively measured and administered by trustees
• Drafting distribution provisions
• Counseling clients about downsides of incentive trusts and alternatives
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