In this conversation, Frazer Rice and PAUL HOOD delve into the evolving role of trustees, particularly in the context of Delaware's new Well-Being Trust Statute. They discuss the broader responsibilities of trustees beyond mere asset management, emphasizing the importance of understanding beneficiaries' needs and the implications of well-being provisions. The dialogue highlights the challenges trustees face in balancing the interests of multiple beneficiaries, the potential liabilities associated with well-being services, and the necessity of having clear processes in place. The conversation concludes with reflections on the complexities of trust management and the importance of careful drafting in trust documents.
https://youtu.be/9LFt6HsjpWM
https://open.spotify.com/episode/4uqhoeXtfaIIWLbKhd62ej?si=nDTf-09bRSWjT0O_YKX49g
Takeaways
Trustees have a broader role than just managing assets.
The well-being statute in Delaware is an opt-in provision.
Balancing the needs of multiple beneficiaries is challenging.
A clear process is essential for trustees to navigate their duties.
Well-being provisions can complicate traditional trust structures.
Trustees must be cautious about the liabilities they assume.
Decanting trusts can lead to unintended consequences.
The intent of the settlor is paramount in trust management.
Trustees should document their decision-making processes.
Effective communication with beneficiaries is crucial.
Sound bites
"I would never opt into 3345.""Decanting is not that easy."
Well Being Trust Chapters
00:00 Understanding the Role of Trustees04:45 The Concept of Well-Being in Trusts10:33 Balancing Beneficiary Needs17:53 Navigating Well-Being Responsibilities24:30 Challenges and Considerations in Trust Management
Well Being Trust Transcript
Frazer Rice (00:01.078)Welcome aboard, Pop.
Paul Hood (00:02.648)Great to be with you today.
Frazer Rice (00:04.598)The Delaware legislature has tried to give us some new tools to give us a holistic approach to planning for trustees and for beneficiaries. Help us sort of think through first from a function perspective what trustees do. I always thought of it as, you know, they held assets for the benefit of beneficiaries and then with that they have to administer them, they have to invest them, and then they have to distribute them. Have we got that about right?
Paul Hood (00:35.34)Well, I've always had a broader view of trustees. Jay Hughes, a good friend and fellow pilgrim in this field, he talks about the trustee as a persons with confidence and like a trainer, an elder, and for a lot of beneficiaries, and I believe trustees, especially in discretionary trusts,
The trustee needs to be that. There needs to be some attention to the person of the beneficiary, not just the finances. Send us a budget. The distributions committee who's in secret will meet, and we'll decide how much we'll give you.
Well, I think a trustee's duty is broader than that. Or let's say this, you can meet the minimum requirements of being a trustee by doing what you said, but I think the very, very best trustees are persons with confidence.
Frazer Rice (01:41.17)I agree with that. The problem is identifying the people who mix the temperament and the talent and then paying for them. So to that end, with those different functions, the world of bifurcation came about. Directed trustees where people got to be good at certain things. Maybe you had a good investment person, you had someone who was with the family who understood the dynamics from a distribution standpoint.
and then the administrative side making sure the I's are dotted and the T's are crossed as far as the administration's concern. How do you view that in the evolution of the trustee function?
Paul Hood (02:17.612)Well, it's interesting because I haven't been in practice.
since well the 20th anniversary of Hurricane Katrina is August 29th of this year....