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Trusts

Woods Rogers

Legislation Impacting Financial Services Industry Going Into Effect July 1, 2025

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The 2025 Virginia General Assembly session concluded in May. During this term, legislators passed a variety of bills that will impact financial services. The more significant legislation is summarized below...more

Rivkin Radler LLP

Estate Planning Documents for Your ‘Adult’ Child

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While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

Lathrop GPM

Minnesota Appeals Court Rules on Property Disclaimers - An Unheralded But Key Estate Planning Tool

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On April 28, 2025, the Minnesota Court of Appeals issued its opinion in In re Estate of Bogren. The court addressed a matter of first impression in Minnesota – whether a disclaimer of property must clearly state the value of...more

Walkers

Trustees, ESG and Investments – key considerations

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As global attention sharpens on climate change and social justice issues, sustainability and responsible governance are increasingly becoming higher priorities for 'Millennial' and 'Gen Z' Beneficiaries....more

Mandelbaum Barrett PC

Protecting the Future: Why the Right Investment Advisor Matters for Special Needs Trusts

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Managing a Special Needs Trust (SNT) comes with tremendous responsibility. Trustees are not only tasked with safeguarding the financial future of a beneficiary with special needs, but they must also ensure that trust assets...more

Mandelbaum Barrett PC

Legacy Lesson: Will or Trust? Estate Planning for Single Parents

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In this episode of Legacy Lessons, Shawn R. McClelland, Partner in our Tax, Trusts, and Estates Practice Group, walks us through one of the most common estate planning questions families face: Should I create a will, or do I...more

Mandelbaum Barrett PC

Liam Payne’s Estate: What Happens Without a Will

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Why estate planning matters—regardless of age or wealth - Many people believe estate planning is something to consider later in life, or only if they have significant assets. But the recent and tragic passing of Liam Payne,...more

ArentFox Schiff

Investigations Newsletter: Co-Founder and Accountant of Leading Special Needs Trusts Charged in $100 Million Alleged Fraud Scheme

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Earlier this week, the government unsealed an indictment against Leo Joseph Govoni, the co-founder of the nonprofit Center for Special Needs Trust Administration (CSNT), and John Leo Witeck, an accountant for CSNT, charging...more

DarrowEverett LLP

Keeping It in the Family (Trust): Additional Considerations for Contributing S Corp Shares

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A large part of business sucession planning is structuring the transfer of business ownership. While outright transfers can be less complex, transferring ownership in trust can provide practical benefits that are worth...more

Ward and Smith, P.A.

Long-Term Care and the Family Farm: Legal Planning to Preserve Agricultural Assets

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As the population grows older, the costs associated with long-term care (LTC) present a significant and growing threat to the stability of agricultural operations. Without proper planning, farmland and other critical assets...more

Sheppard Mullin Richter & Hampton LLP

The Use of Trusts in Mortgage Loan Financing

Trusts are being used more often for financing mortgage loans, which can be an effective way to optimize asset management and minimize lender risk. Key Benefits of Using Trusts in Mortgage Loan Financing...more

Mayer Brown

Recovery of VAT on DB Pension Scheme Investment Costs – New HMRC Policy

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HMRC has announced a new policy on the recovery by employers of VAT charged on investment services provided to their DB pension schemes. Until 18 June 2025, the extent to which an employer could recover any VAT paid on...more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

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In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Fleurinord Law PLLC

Securing LGBTQ+ Families in Uncertain Times: Estate Planning Strategies Amid Evolving Laws in 2025

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The past two years have brought a wave of legislative and judicial actions impacting the rights and recognition of LGBTQ+ individuals and families. According to the ACLU, over 500 anti-LGBTQ+ bills were introduced across the...more

Charles E. Rounds, Jr. - Suffolk University...

An action brought by a trust beneficiary to remedy a breach of fiduciary duty ought not to trigger the trust’s in-terrorem clause,...

A court should not enforce a trust in terrorem clause if its enforcement under the particular facts and circumstances would frustrate settlor intent. Assuming that the settlor intended to impress a trust upon the property,...more

Walkers

Key considerations for trustees deciding whether to exercise their power of appointment

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Among a trustee's numerous powers, the exercise of its power of appointment is one it will most often be asked to consider exercising. It is also the power that will come under the most scrutiny from beneficiaries....more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 2 - June 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Bennett Jones LLP

Ross v. Luypaert: Separating Shared Property Interests Through the Partition Act (Ontario)

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The Court of Appeal for Ontario recently reaffirmed in Ross v. Luypaert 2025 ONCA 236 that a co-owner of a jointly owned property located in Ontario may bring an application for a partition or sale under Section 3 of the...more

The Estate Lawyers

Dementia Does Not Have to Derail Estate Plans

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The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know...more

Amundsen Davis LLC

Common Misconceptions in Estate Planning: Wills Avoid Probate

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It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more

Robins Kaplan LLP

Your Place or Mine? How to Navigate Cross-Jurisdictional Fiduciary Litigation

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Reality television fans are familiar with the trappings of the celebrity lifestyle: jet-setting from home to home, enjoying luxury retail, and traveling in private planes and yachts, all while posting it on social media. Even...more

WilmerHale

New Supplemental Swiss Arbitration Rules for Trust, Estate and Foundation Disputes

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The Swiss Arbitration Centre published the Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (“TEF Rules”) on 22 May 2025. They come into effect on 1 July 2025, and apply to trust, estate and foundation...more

Bowditch & Dewey

Benefits of a Professional Trustee During the Great Generational Wealth Transfer

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As the population of the U.S. ages, we are in the midst of what some are calling the “great generational wealth transfer,” and some studies are suggesting there could be over $100 trillion passing to the next generation over...more

Robins Kaplan LLP

Lifestyles of the Rich and Famous: Fiduciary Responsibility in the Spotlight

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Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more

Alston & Bird

Navigating the Complexities of VEBA Asset Reallocation: Comprehensive Tax and ERISA Fiduciary Considerations

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Our Employee Benefits & Executive Compensation Group discusses how employers can use voluntary employees’ beneficiary association (VEBA) asset reallocations while meeting ERISA fiduciary obligations....more

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