Moving the Situs of a Trust

Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?, Prob. & Prop., May/June 2008, at 58.

This article begins by listing reasons why beneficiaries might want to change the trustee, governing law, or situs of a trust and the potential roadblocks.  Next, it discusses which state’s law governs various issues affecting trusts, describes how the relocation of a trust might be accomplished, and focuses on particular issues that might cause beneficiaries to explore moving a trust.  Finally, it alerts attorneys to some federal transfer-tax pitfalls.