The Directed Trust Model

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This presentation will provide an overview as to the current opportunities available in the directed trust arena.  While originally utilized primarily for unique investment strategies, the world of directed trusts has expanded significantly.  Directed trusts are also used by families to separate responsibilities like distributions, beneficiary notification, valuation, tax reporting, and trust instrument amendment.  They can allow greater familial control, reduce trustee fees, and provide greater flexibility when deciding to change investment strategies.  Forty three states currently have directed trust statutes, with varying approaches to the directed trust model.  Come learn how your clients can benefit from the opportunities available when planning with a directed trust.
The presentation will cover:

    • Understanding what a directed trust is and what opportunities it presents;
    • An understanding of the differences between the Restatement of Trusts Approach, the UTC Approach, and the Stand Alone Statutory Approach;
    • Hear an overview of the new UDTA Approach to directed trusts;
    • Review the relevant case law;
    • Understand the difference between delegation, consent and direction in the adviser context;
    • Drafting tips for working with directed trusts;
    • Understanding direction letters and how to use them effectively (including some sample letters); and
    • How to convert an existing trust to a directed trust.

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Cynthia D. M. Brown is the President of Commonwealth Trust Company and a member of its Board of Directors. Cindy has more than fifteen years of experience in the areas of trust administration, estate planning and tax. Her responsibilities include business development as well as oversight of trust administration, trust operations and compliance. In addition, Cindy is an active member of the Delaware State Bar Association Trust Act Committee, which drafts annual revisions to the Delaware Code.
Prior to joining CTC, Cindy worked at a large Philadelphia law firm, where, among other things, she administered estates and trusts, drafted sophisticated estate planning documents, prepared and reviewed Federal and State death tax returns, and prepared and reviewed fiduciary accountings. Cindy’s experience also includes over eight years as an estate and trust paralegal with both large Philadelphia law firms and a local private practice in Delaware County, Pennsylvania. In law school, Cindy served as the Blue Book Editor of the Widener Law Review and received several achievement awards in the area of Federal Estate and Gift Taxation and Planning. Cindy is active in many professional organizations and community leadership and currently serves on the Board of Directors of the Delaware CarePlan, Inc. and the Delaware Bankers Association.
She can be contacted at: cbrown@comtrst.com, (302) 658-7214, Ext 177

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