Abstract
Given the increasingly common use of perpetual and other longterm trusts, the pace of change and complexity in our society now and in the foreseeable future, and our sensibilities with respect to private property rights and dead hand control, the UTC appears to have struck a reasonable balance between respecting the settlor’s intent and accommodating the interests of beneficiaries. Undoubtedly, some will find it to have gone too far in favor of trust beneficiaries, while others will find it not to have gone far enough. In any case, this centuries old debate, like the new perpetual trusts that have contributed to its latest round, likely will continue into the indefinite future.
Recommended Citation
Newman, Alan
(2005)
"The Intention of the Settlor Under the Uniform Trust Code: Whose Property Is It, Anyway?,"
Akron Law Review: Vol. 38:
Iss.
4, Article 1.
Available at:
https://ideaexchange.uakron.edu/akronlawreview/vol38/iss4/1