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The Problems and Promise Of Perpetual Trust LawsThe Problems and Promise Of Perpetual Trust Laws
Since 1986, 23 jurisdictions in the United States have abrogated or modified the rule against perpetuities, the injunction that prevents trusts from continuing without end. More states are considering doing so. What's driving this fundamental shift is each state's desire to attract trust business or at least prevent trusts from migrating to states that have altered their rules. The new perpetuities
December 1, 2004
Daniel G. Worthington, director, Wealth Management Group, Florida Hospital, Orlando, Fla.
Since 1986, 23 jurisdictions in the United States have abrogated or modified the rule against perpetuities, the injunction that prevents trusts from continuing without end. More states are considering doing so. What's driving this fundamental shift is each state's desire to attract trust business — or at least prevent trusts from migrating to states that have altered their rules.
The new perpetuities laws allow trusts to continue for decades, centuries and in some jurisdictions, perhaps forever. The advantages for clients are substantial. Families can have the use of trust assets and income from it, but don't ever have to own the property outright. Th...
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