Employing the term "family" in trust instruments and trust-related legislation is asking for trouble

Charles E. Rounds, Jr.
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Employing the term “family” in trust instruments and trust-related legislation is asking for trouble. In §8.15.6 of Loring and Rounds: A Trustee’s Handbook (2016) the authors explain why the meaning of the term in a given context is as a practical matter often difficult to parse. In §8.14 of the Handbook, the authors explain how the term as employed Section 305(c) of the Uniform Trust Code can serve in a given situation to divide the loyalties of the guardian ad litem. The relevant excerpts from the Handbook are set forth verbatim below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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