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FRANCES H. FOSTER, Trust Privacy, 93 Cornell Law Review 555 (2008)FRANCES H. FOSTER, Trust Privacy, 93 Cornell Law Review 555 (2008)
Frances H. Foster's article, Trust Privacy provides cogent arguments for and against trust privacy depending on an individual's specific circumstance. Generally, privacy in the management, protection and distribution of wealth is viewed as very favorable. For instance, using trusts to promote privacy as opposed to court-regulated devices is a significant factor in using revocable trusts (and some
DOUGLAS MOORE
Frances H. Foster's article, “Trust Privacy” provides cogent arguments for and against trust privacy depending on an individual's specific circumstance. Generally, privacy in the management, protection and distribution of wealth is viewed as very favorable. For instance, using trusts to promote privacy — as opposed to court-regulated devices — is a significant factor in using revocable trusts (and some irrevocable trusts) in estate planning.
Foster raises interesting questions: Who is the grantor looking to protect and does privacy protect the intended people? There is a detailed discussion about the benefits of trust privacy. Foster also discusses the significant financial, administrative and psychological implications of pr...
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