The lawyer preparing a trust instrument, and the Trustee interpreting and implementing what the lawyer has written, must engage in a delicate balancing of the intentions of the testator/settlor and the current and anticipated future needs, desires and circumstances of the beneficiaries. Even superb estate planning instruments may founder due to ineffective or defective trust administration. How challenges such as the following are addressed may determine whether a trust administration calamity ensues:
- Conscientiously adhering to governing instrument directives
- Avoiding adverse tax consequences that may result from trust and estate settlements
- Trustee selection
- Trustee compensation
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