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Recent developments have provided an opportunity to highly customize trust administration, which can confer significant benefits to clients, as well as permit administration to more closely align with clients’ objectives and desires.
When discussing the creation of a trust, lawyers and their clients focus almost entirely on the dispositive provisions of the contemplated documents and largely ignore any consideration of the intricacies of trust administration, other than addressing trustee succession issues. This is largely because, other than selecting the appropriate governing law, trust administration provisions were largely static and rarely deviated from traditional norms. Similarly, not too long ago, it was infrequent to encounter co...
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