News & Analysis as of

Trusts Estate Planning Rule Against Perpetuities

Lathrop GPM

Important New Changes to Minnesota Estate and Trust Codes Coming August 1

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The 2025 Minnesota legislative session produced several changes to Minnesota’s estate and trust codes, with most of the new laws taking effect on August 1. Many of the changes create important new planning opportunities for...more

Winstead PC

Fiduciary Litigation Update 2020-2021 - Presentation

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David Johnson presented his paper entitled “Fiduciary Litigation Update 2020-2021” to the Texas Bankers Association’s Wealth Management & Trust Conference on September 30, 2021. This presentation covered recent statutory...more

Winstead PC

Texas Legislature Extends The Rule Against Perpetuities To 300 Years For Trusts

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The Texas Legislatures recently passed a bill that takes effect on September 1, 2021 that extends the rule against perpetuities to 300 years for trusts. The Legislature forwarded the bill (HB 654) to the governor on May 20,...more

Conyers

It’s About Time: Bermuda’s Approach to the Rule against Perpetuities

Conyers on

Disapplying the perpetuity period of a trust can allow deceased settlors to extend their influence down many future generations, almost indefinitely. However, the hand of the deceased settlor can be seen as benign and...more

Winstead PC

Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary’s Assignment Of Interests Violated A...

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In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30, 2017, no pet.). ...more

Gray Reed

Mineral Conveyance Thwarted by a Spendthrift Provision

Gray Reed on

In Bradley v. Shaffer, Darrell, a beneficiary of a mineral trust established by his grandparents, purported to convey to Bradley his mineral interests that were subject to the trust and any interest held in trust that he...more

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