This CLE program is designed to guide estate planning attorneys through the often-overlooked nuances of trust drafting and funding. With real-world examples and practical drafting language, attorney Leah Morrison highlights the most common mistakes practitioners make when preparing and funding trusts. From discretionary standards and trustee powers to titling assets and interpreting ambiguous clauses, this course equips attendees with actionable strategies to improve trust clarity, enforceability and alignment with client intent. This session provides essential tools to reduce risk, avoid litigation and deliver higher-value estate plans.
After completing this course, participants will be able to:
• Identify the essential components of a valid trust and explain the roles and responsibilities of trustees, beneficiaries, and grantors.
• Interpret and evaluate key trust language — including Health, Education, Maintenance, and Support (HEMS) clauses — to ensure clarity and consistency with settlor intent.
• Assess the implications of trustee discretion and standard of review in discretionary distributions, with an emphasis on avoiding misinterpretation and potential litigation.
• Analyze real-world drafting and funding mistakes to understand their consequences and apply corrective strategies in practice.
• Implement effective funding strategies by correctly titling assets and coordinating trust provisions with beneficiary designations, tax implications, and estate planning goals.
Leah Morrison thinks of tax law as a board game with very elaborate rules. Once you learn the rules, you can learn how to navigate the game – and win. Her knowledge of both tax and estate law allows her to present her clients with options for estate plans that take taxes into account when appropriate.