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2023 Trust Planning and Drafting Considerations: Fiduciary Concerns, Income Tax, Trust Situs, Directed Trusts, and More

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 18, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide estate planning counsel with a comprehensive understanding and application of best practices in trust planning and document drafting in light of recent cases and current tax law. The panel will provide a thorough review of the rules and practices covering trust situs, directed trusts, beneficiaries, and distributions, as well as critical considerations for minimizing income taxes on trust receipts through careful structuring of the trust instrument.


Among the most critical tasks for estate counsel and planners is ensuring that trust documents are drafted so that the trust vehicle achieves the settlor's intent in the most tax-efficient means possible. Estate planners must have a thorough knowledge of the drafting techniques and key tax and non-tax considerations when structuring trust documents.

Counsel must understand the legal framework and rules related to trusts, requirements for transferring assets, restrictions, grantor and trustee powers, how to make distributions, and various tax considerations. In addition, other issues such as selecting trust jurisdiction, challenges stemming from the rule against perpetuities, trust protector provisions, nonjudicial modifications, and other items must be factored into the trust structure.

Listen as our experienced panel provides comprehensive and practical details on drafting trust documents and key considerations for minimizing income taxes on trust receipts through careful structuring of the trust.



  1. Selecting trust jurisdiction and governing law
  2. Rule against perpetuities
  3. Trustee resignation, removal, and succession
  4. Beneficiaries and distributions
  5. Trust protectors
  6. Trust modification
  7. Drafting provisions for income tax minimization


The panel will review these and other key issues:

  • What factors must be considered when selecting trust jurisdiction and governing law?
  • What is the impact of the rule against perpetuities?
  • What discretionary distribution and administration standards must be considered?
  • Trust protector provisions and related issues
  • Tools available for nonjudicial modification of trusts
  • What are best practices for income tax minimization?


Dougherty, James
James I. Dougherty

Dungey Dougherty

Mr. Dougherty focuses his practice on probate, tax, trust, and estate issues. He assists executors and beneficiaries...  |  Read More

Lipoff, Lawrence
Lawrence M. Lipoff, CPA, TEP


With more than 30 years of experience, Mr. Lipoff specializes in the delivery of domestic and international private...  |  Read More

Lo, Alvina
Alvina H. Lo
Chief Wealth Strategist
Wilmington Trust

Ms. Lo oversees the wealth planning, strategic advice and thought leadership services for the firm’s fast-growing...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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