Debate over the constitutionality of dynasty trusts in Nevada has been sparked by differing opinions over a recent Nevada Supreme Court opinion. In a recent opinion the state court mentioned the statutory 365-year limit for non-charitable trusts as the law of the land, but did not address the constitutionality of the statute. Some have interpreted this as the court sending a message that the statute is constitutional. However, others have expressed that the issue is still wide open and the opinion does not give anything that a prediction on future constitutional rulings can be based on.
See Scott Martin, Grudge Match: Why the Blattmachr / Oshins 365-Year War of Words Won’t End, Trust Advisor, Apr. 20, 2015.
Special thanks to Jim Hillhouse for bringing this article to my attention.
