(Papers to be published in American College of Trusts and Estates Counsel Journal)
In a fast-paced, innovative debate format, panelists will consider whether trusts (as traditionally understood) have ceased to exist. Some commentators have suggested that the foundations of trust law have eroded to such a degree that trust law no longer has a principled, theoretical foundation. Has the traditional trust mechanism been altered beyond recognition by the demand for directed trusts, a recharacterization of fiduciary duties as default rules, erosions in the duty of loyalty, the proliferation of asset protection trusts, and elimination of the rule against perpetuities? This program will grapple with some of the most important issues confronting the law of trusts and begin a national conversation among academics and practicing lawyers about the trajectory of Trusts & Estates law in the 21st century. The program’s unique debate format will facilitate a quick exchange of ideas. Program attendees will have the opportunity to evaluate the strength and weaknesses of the arguments made by the panelists, share opinions about the topics discussed and react to questions about the future of the Trusts & Estates field.
Business Meeting at Program Conclusion.