That’s Not What Mom or Dad WantedThat’s Not What Mom or Dad Wanted

Effectuating a settlor’s intent is supposed to be a primary guiding principle of trust law. For centuries, courts have stated that their primary purpose in a trust case is to give effect to the “settlor’s intent.”¹ Yet, the settlor’s intent isn’t often articulated. Many trust creators never have a conversation about what they truly intend to accomplish with a trust. The subject often only arises when a beneficiary claims, “But that’s not what Mom and Dad really wanted.”  

While a settlor’s intent has always been important in trust law, it’s increased in importance because of several recent trends:   

1. Longer term trusts. Settlors often struggle with giving up control and creating long-term trusts whose provisions may change over time fo...