Director Hayward Invited To Panel By ABA Section of Real Property, Trust and Estate Law

Director Dan Hayward will be a panelist on March 20, 2018 for the ABA Section of Real Property, Trust and Estate Law, CLE Webinar Novel (and Not So Novel) Approaches to Adapt an Irrevocable Trust to Meet Today's Needs.

Director Dan Hayward

At Gordon, Fournaris & Mammarella, P.A., Hayward’s specializes on unique aspects of Delaware trust law, including directed trusts, dynasty trusts, asset protection trusts and all aspects of the validity, construction and administration of Delaware trusts.

Hayward routinely drafts, reviews and comments on Delaware trust agreements for local and out of state clients, provides legal opinions on the validity of trusts under Delaware law, and petitions the Delaware Court of Chancery to represent interested parties in the reformation of trusts.

Hayward is humbled by this distinction and thanks the ABA for inviting him to speak at this webinar.

About The Program

The Novel (and Not So Novel) Approaches to Adapt an Irrevocable Trust to Meet Today's Needs webinar will outline different methods available in a modern practitioner’s tool box to modify, update, or sculpt an existing irrevocable trust to meet a family’s evolving needs and planning.

A trust may be “irrevocable” in that the settlor may not change its terms or demand return of trust property, but there are methods available under applicable law that may allow for a trust to be adapted in order to address changes in circumstances or planning needs.

This panel will discuss the following methods to modify irrevocable trusts and examine when they are available, the benefits and goals they can achieve, and how trust modifications may be treated for income and transfer tax purposes: 

  • Decanting      
  • Court-ordered modifications, declaratory judgments, and nonjudicial settlement agreements 
  • Trust mergers and combinations 
  • Early terminations or trust commutations 
  • Division into separate trusts or shares 
  • Exercises of non-fiduciary powers of appointment 
  • Trust migrations or conversions

Members of the ABA who are interested in attending this CLE session, please register at americanbar.org.