CategoriesFlorida Law Review Forum
Professor Reid Kress Weisbord’s article insightfully identifies what may be the next battleground in the rancorous war over the Rule Against Perpetuities: trust term extension. Seeking to take advantage of the abolition of the Rule in many states, trustees of irrevocable trusts settled before such a change in law might petition the court to extend the term of the trusts they administer, perhaps indefinitely. Professor Weisbord is rightly skeptical of this move, and he recommends a simple but elegant solution: prohibiting the use of modification doctrines to add beneficiaries not identified in the original trust document. Read More.