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modern trust laws are irrevocable trust.really irrevocable was a live webinar.that was originally produced on.Wednesday April 19th 2017 the presenter.for this presentation was David Warren.with Bridgeford Trust Company enjoy this.webinar recap and visit us online at.www.canadianoutback.com and more people.want to be in the United States and have.their trust in the United States and.really this quote is gonna be a big.guiding principle for us for the next.couple of minutes and I came across this.quote when we were getting ready to.launch Bridgeford and it says legal.experts contend that there have been.more changes in trust law in the last 20.years and have taken place in the prior.two centuries these changes promised to.affect every aspect of how trusts are.administered for years to come.that was an article in trusts and.estates magazine back in 2012 when we.were getting ready to launch.Bridgeford and there that statement.today is or the statement now is more.true than it was when it was written.four or five years ago we're going to be.talking about concepts today that have.been so revolutionary with respect to.how trusts are created and administered.that it really challenges as I've said.traditional notions of ideas around.trust playing that we've been used to.you know when I was in law school I.really did not like trust in the state's.work Tyler I didn't enjoy the law school.class at all I thought it was boring and.and stale but that's not the case.anymore it's an extremely dynamic.environment and it's changed so much in.terms of what we're able to do in it and.when we focus specifically on the.concept of the irrevocable trust for.example.think you'll find that you'll quickly.realize that what we can do without a.revocable trust now is drastically is.drastically different than what we were.able to do 20 or 30 years ago so it was.a lot of you know on this call and a lot.of you've actually heard me talk about.in different venues you know what's.happening around the world is a rather.around the country as a race among.various jurisdictions to become the most.progressive jurisdiction to capture.trust business frankly and four states.have emerged as the top tier trust.jurisdiction particularly noted as Trust.in the States Magazine Law Review.articles practitioners they look at.South Dakota Delaware Nevada and Alaska.as the leading trust jurisdictions and.they look at them as leading trust.jurisdictions because they they were the.first and continue to be the most.progressive relative to modern trust.laws that have changed the industry so.much and what I was talking about.earlier and what we're gonna be talking.about for the next hour or so and so the.question is what what really drives this.comparison among the states and really.among the literature in among the.experts there are four or five main.areas of sort of inquiry and that is.does a state have a domestic asset.protection statute does a state have a.dynasty trust provision which is to say.that trust can live forever does the.state have taxation which is an.increasingly important topic and.probably one of the most directly.measurable aspects of the distinction.between states really the trust planning.now is become more of a tax estate tax.play and some interested in some.instances rather than a federal staff.edirol attack the tax play privacy laws.rules which we'll talk about a little.bit later another modern development and.particularly u.s. trust law and then.modern trust laws generally which is.where we're going to focus today we're.gonna talk to about modern trust laws.that have radically changed the industry.and really grew out of a direct response.relative to what I think was perceived.as a problem in the trust industry and I.and will talk about in that more detail.but I think particularly control there.was a.perception of lack of control relax lack.of flexibility and and these modern.trust laws directly address that and.what I love about it Tyler is that you.know it's an industry response when.something's broken in the industry.evolves to fix it I think there's.nothing really more satisfying you see.it in different different industries and.the trust industry is no different the.trust approach the traditional trust.industry approach the bundled approach.the big Bank approach of putting.together investment management and Trust.services and private banking that whole.approach became broken and the.wealthiest families in the country drove.very powerful changes and said look I.want more control we need more.flexibility and states like South Dakota.and Delaware Nevada and Alaska they.heard that and they and they created a.laws that that changed the industry and.I think it's fascinating to have watched.over the years yeah David net as you.talked about these states that are kind.of revolutionizing the trust industry.and you just hit on it there you know.there there's this response from several.of these states with these modern trust.laws with these other factors that go.into trust and estate planning can you.just touch on what is driving all of.this change you know why are these.states creating these new laws you know.using all these different factors to.again revolutionize the trust industry.can you just touch on what what is kind.of behind this behind the response and.what's been driving that change well I.think I think you first saw it in 1983.when South Dakota became the first state.in the country to abolish the rule.against perpetuities clearing the way.for the dynasty Trust ACC there and I.think they did that it for a couple of.reasons one to be responsive to the.wealthiest of wealthy families and and.around the country and really the world.to create a vehicle to avoid estate tax.forever over multiple generations but.more particularly to your question it.also opened up a huge revenue source for.the states like South Dakota and the.Delaware and Nevada and Alaska and the.other sort of top tier just.jurisdictions I mean in reality is a.state like South Dakota well people.chuckle and say it's a flyover state you.know it's become such a mecca for some.of the most progressive trusts.rules and laws in the country and that's.not an accident that they want to be the.best in the country because it drives a.lot of revenue into that state so they.don't have the state income tax so they.have to find other ways for revenue and.you know companies like Citibank have.their headquarters in Sioux Falls South.Dakota Wells Fargo has their.headquarters in South Dakota.of course Bridgeford Trust Company has.its headquarters in South Dakota a.little bit smaller than those two yet.for now but we're getting there and the.reality is it's just good business.for these for these states so that.brings us to irrevocable trusts you know.when I was in law school back in the 90s.the idea of irrevocable trusts were.somewhat daunting and what I mean by.that is they were perceived to be and in.fact were extremely inflexible they were.considered to be unchangeable which is.to say you know somebody's grandfather.60 years ago puts together a trust and.and the idea was well that trust was.gonna live forever in some form of.fashion and we weren't going to be able.to change it and between the.inflexibility and the lack of ability to.change it that would scare a lot of.people away from using your revocable.trusts loss of control was another.extremely probably troubling issue for.lots of wealthy families where they felt.like when they made the trust and put.the trust in place first date planning.reasons for asset protection reasons for.dynasty's sort of planning reasons they.would lose control and most wealthy.families particularly first-generation.business owners and wealth creators they.don't want to lose control Tyler and.that's that's probably the biggest.problem but but yet they have to give up.some control and and and they perceive.that to give up almost all control in.order to achieve their estate planning.objectives and then when you when you.talk about the problems with the.traditional approach to irrevocable.trusts and you and you combine that with.how the structure had evolved over the.last hundred years it was usually a.traditional corporate trustee model.based at a bank like Bank of your New.York Mellon or Wells Fargo or PNC where.they have a bank based trust apartment.and that.would act as a corporate trustee and.also managed the money for people which.quite frankly are two very different.disciplines and really unrelated.disciplines and so that evolved into.another problem so you have people's.trepidation around the idea of using an.irrevocable trust in the first place.because of all the reasons I've already.mentioned and then when they do need a.corporate trustee in a in an irrevocable.situation they are sort they were four.years until the last 15 20 are sort of.forced to go to a bank based trust.Department that said yeah we'll be your.trustee but we also have to manage your.money well guess what that's even a.further loss of control isn't it and so.that became unpalatable for lack of a.better word but there was no Neuros no.other options.so you have organizations like Bank of.New York Mellon who were all great.organizations PNC and they they sort of.amassed trillions of dollars of assets.in trust irrevocable trusts and they.were managed that money and you know.it's great business because 20 years ago.you couldn't change these trusts you.couldn't move those trusts you couldn't.get them out of you couldn't get them.out of some of these institutions very.easily and so that again added another.layer of concern for wealthy families or.for any family that needed or saw the.value of some aspects of an irrevocable.trust and then you even add even more.complexity you know the traditional.corporate trustee approach carries with.it some conflict of interest.I mean unquestionably there's conflict.of interest with somebody's being a.trustee and managing your money I mean.however we try to talk around it you.know as a lawyer and then having worked.at those large institutions there is an.inherent and I think unresolvable.conflict of interest in many respects I.think there's also a big focus to.cross-sell and and really take these.large families into areas and sell them.products that maybe they don't.necessarily need and that's unfortunate.and that's another reason why they.didn't like the corporate trustee model.traditional corporate trustees.particularly under old notions of.irrevocable trust were extraordinarily.rigid it's very hard to get the money.out when you wanted when you wanted.money these administrative committees.became very hard to deal with and.very strict around whether or not.beneficiaries were able gonna access.money and I used to see that firsthand.not sure why you know I think it gets.back to the conflicts of interest issue.and then they're extraordinarily.expensive you know I think that.everybody on this call whose works.within a traditional corporate trustee.and those of you who are calling in that.are way the corporate trustee you know.that the fee structure is pretty.expensive and so you combine all of.these issues inherent with first.irrevocable trusts and then the.traditional model for dealing with in a.revocable trust what's developed was a.problem and the problem has been.directly addressed by what we're going.to call sort of a new paradigm here and.I think what the other offshoot here.before we get into the solution because.I think we've pretty much identified the.problem but before we talk about the.solution we have to we have to.understand what was an unfortunate.reality that began to develop because.people were so unhappy with the.traditional corporate trustee model they.would start to appoint Uncle Bob as.their trustee or sometimes they'd.appoint somebody even less remote to.them and so or they'd want to appoint.their attorney as their trustee which.that is not a bad choice intellectually.but that carries itself a conflict of.interest and in some states particularly.Pennsylvania ethics committees have.issued strong advisory opinions against.the idea of appointing your attorney as.your trustee so now well not now I think.now the situation's changed but 10-15.years ago if somebody didn't want to go.to a traditional corporate trustee and.they wanted to have their own asset.manager manage the money and have an.individual trustee their only options.were as I said Uncle Bob and I as smart.as uncle Bob maybe he's not a.professional fiduciary he doesn't.understand usually it with the reporting.requirements and sadly uncle Bob will.die someday unlike a trust company they.might be bought and sold but they.durational die so again we've outlined.the problem I think in pre in pretty.stark detail and we've also outlined the.reason why we lost bridge for Trust.Company because we saw these problems in.the in the industry I saw them firsthand.both as a practicing attorney then.having been it at large bank based trust.companies and I realized that the ultra.worth landscape wanted more needed more.and I did our research we did tremendous.amount of research and we realized that.in fact there is a model and there is a.vehicle to deliver relief from this kind.of problem that I think we've identified.pretty pretty pretty clearly and we're.excited to say that's how we build.bridge fir'd and that's how we settled.on South Dakota so Dave I don't think it.takes a trust and a state planning.expert to see that you are not a big fan.of the traditional model so on at you.now jump into this new paradigm and talk.about how it's delivering you know more.control than ever before absolutely and.Tyler this is where it really gets.exciting for me and I think anybody.who's who's sort of grown up in the.trust industry because virtually every.concept I'm going to talk about was not.available in the United States when I.was in law school and I graduated in the.late nineteen ninety-eight.and we talked about as a paradigm shift.and sometimes that word paradigm is a.bit overused but in this instance I.think it's absolutely applicable this.paradigm shift as I said driven by an.industry response to try to fix a broken.system.a broken Trustee system has resulted in.some extremely progressive trust laws.that absolutely address the issues.around revocable trusts and the issues.inherent with respect to using a.traditional corporate trustee that.bundles together as all these bundles.together all these services it brings.control it brings flexibility it brings.the fees down these modern trust laws.and I absolutely believe just as that.quote that I read to the beginning and.read in the beginning says these have.all happened in the last 20 years and.that's what we're talking about there.being more change happening in the Tres.industry in the last 20 years in the.last few centuries that is unequivocally.true and I think the first one and the.most exciting one in my view really and.it's a foundation for the entire.conversation today and that delivers the.most control is the idea of a directed.trust now this idea of a directed trust.is actually something that's not unusual.with respect to the rest of the world.but but still relatively new in the.United States although now it has been I.think in place for eighteen or nineteen.years or 20 years and I believe South.Dakota.Delaware were the first to come up with.a directed trust model the directed.trust model directly addresses the.issues around control with respect to.particularly irrevocable trusts through.bifurcating liability and that's in red.and underlined for a reason this.bifurcation of liability is the magic.around and behind why these directed.trusts work under South Dakota law.understand Delaware law there's only.eight or nine states that have a.directed trust statute it's important to.know pitaya that there is no directed.trust statute in Pennsylvania so if a.Pennsylvania trust company is talking.about doing a directed trust for.somebody that's misleading because he.can't do directed trust in Pennsylvania.or any other state that doesn't have a.statute I need to make that point.because it's important but this.liabilities bifurcating meaning the.investment manager and the investment.management function and the trustee.function is split apart legally and an.investment manager is only responsible.for from a fiduciary perspective it's.activity as an investment manager which.is to say if they put everything into.Enron or into a bank stock that crashes.that's what they're responsible for.trustees not responsible for that and.we'll explain why the converse of that.if Bridgeford Trust Company makes an.inappropriate distribution or if Tyler I.give all them all of our money to you.and you go to it became an island.forever asset manager is not responsible.for that so all of you on a call might.be thinking on the web wonder why does.that matter so much that separation of.liability clears the way for companies.like Bridgeford to comfortably work with.asset managers of the choosing of.clients beneficiary settlers and other.advisors in other words we are happy to.work in an unbundled fashion with an.asset manager that the family who wants.to work with and because of the.bifurcation liability a companies like.Bridgeford are very happy to work with.non-traditional assets such as closely.held stock real estate artwork the kinds.of things that traditional trusts.companies now don't want to do anymore.you know why caller because traditional.trust companies want to manage money.that's where they're making their money.some are good at it some aren't good at.it.the point is it doesn't matter whether.they're good at it.if somebody needs a corporate trustee.they shouldn't have to work with a trust.companies trust Department if they don't.want to so what we believe is that this.idea of the director trust is so.drastically revolutionized a trust.industry that it makes up for probably.98 or 99 percent of what it is that we.do so it places control back into the.hands of the settler it places control.back into the hands of the beneficiaries.and it puts control back into the hands.of the advisors that are advising these.folks by simply unbundling these.traditional notions that have been.bundled together because of the way the.industry is evolved and so by placing.control back into the hands of these of.these people particularly the control.around choosing the asset managers they.want to work with it has completely.changed the industry in a way that makes.an irrevocable trust not so scary right.Tyler so those are the first concept.that we're saying that has changed in a.revocable trust this directed trust.structure directly speaks to several of.the criticisms of a directed trust I.mean I'm sorry of an irrevocable trust.and when we go to the next slide.you'll see more specifically how that.works so here's the structure of course.we have John Doe family trust unlike a.traditional trust irrevocable trust all.of these functions these three blocks.they're all combined under the power of.will say Bank of New York Mellon PNC so.the investment function happens at PNC.at the traditional Bank Department.distribution happens at the death of.course at the traditional Bank.Department and the administrative record.keeping aspects of trust administration.all happened in one place as I've said.several times the director trust model.splits all these apart and mechanically.here's how it works within the document.itself let's first focus Tyler on the.investment committee the investment.committee is the committee that the.where the power resides relative to.investment management we people who can.serve on that committee are the settlers.of the trust themselves.which again let's talk about how much.control that that brings to the to the.situation that wasn't there before the.settler can be on this committee really.anybody can be on this committee the.investment manager itself can be on this.committee the reality is though how this.works mechanically is that the.investment committee directs Bridgeford.Trust Company to work with an investment.manager that the investment committee.has selected they tell us who to work.with they don't ask us from our.permission they tell us who to work with.so in the example here John Doe family.trust is established settlers on the.trust committee investment committee.settler said since David Ward and email.Bridgeford and says go hire John Smith's.investment management to manage this.money whether Bridgeford trust company.likes that decision or not we have to do.it so that's another aspect of control.we that is Bridgeford or the tradition.this this trust company model that we.work under our only option is to resign.if we don't like the direction we got so.the investment committee is in complete.control of that and that's very very.very important so that is a function.that's been given back to the people so.to speak I'm taken away from the.traditional corporate trustee and has.really changed again one of the most.critical aspects of an irrevocable trust.then there's the ability to create a.distribution committee so under the.traditional model as I've said under the.traditional approach of a revocable.trust there was an investment I'm excuse.me and a distribution committee that.resided in the shadows of a Trust.Company and they made a decision so if a.beneficiary goes to it once once funding.for college or I guess more particularly.once funding for a new car they have to.go before the committee make make a.request in the committee decides whether.or not that that request is appropriate.under under the under the document and.I'm and I'm here to tell you that I.would finding more and more that.administrative committees trust.administrative committees at those big.banks we're finding more and more ways.not to grant these distribution requests.so in a direct response to that problem.which we'll call the problem of rigidity.in the traditional model the.distribution committee can't be made up.of the settlor but can be made up of.family other advisors like attorneys and.accountants and works the same way as.the investment committee Tyler Johnny.goes to the distribution committee says.I want distribution to go buy myself a.new Mercedes Distribution Committee.looks at the document says it's.appropriate and they say to Bridgeford.cut him a check for $500 or $50,000.we'll go buy that brand new that brand.new Mercedes the reality is the people.on that the distribution committee.itself is a fiduciary so is the.investment committee so because we are.receiving direction from a fiduciary.inside the document Bridgeford is.exonerated so to speak which is where.that bifurcation of liability happened.so we as the administrative trustee are.essentially told what to do and then.when you go over by both the investment.committee and Distribution Committee and.then you go over to the administrative.trustee function and there you see.administrative trustee performs its.traditional functions as it would as a.directive trustee but the pivotal point.here and I think one of the most.compelling aspects of what we're doing.here in modern trust law is this simple.structure gives and delivers back to.attorneys advisers settlers.beneficiaries future remainderman.infinitely more power over the.investment capabilities and an.investment function and a distribution.function all within the framework of an.irrevocable trust that up until this.point was viewed as again unflexible.inflexible rather rigid and hard to deal.with.Tyler from your perspective is clear uh.yeah I would say this this is pretty.clear from someone who's certainly not.an expert in this realm and I think this.is a great opportunity Dave just to hear.maybe some of your experiences with some.of the Trust's that that you guys have.worked with that Bridgeford Trust.Company do you see this structure is.this already set up or is this something.that Bridgeford can help set up and kind.of help you know family trusts.understand the structure and get this.structure in place it's a great question.often we work with people around the.country Tyler and increasingly now.around the world who are not familiar.with.structure and so they come to Bridgeford.through various various avenues.typically through an investment advisor.and since we do not manage money which.is very important and since we do not do.insurance work you know we're very big.collaborators in the marketplace and so.that collaboration allows us to step.forward and say hey here's a structure.here that delivers all the control that.we're talking about that with that that.we can that we can employ here so we.help attorneys who aren't familiar with.this structure by giving them template.language that we've that we've had.generated for us from South Dakota.Council and usually Tyler where we see.it is somebody comes to us and says hey.I really need an asset protection trust.which we'll talk about later if then we.say well or they come to us and say.listen I want my trust to be in in South.Dakota because there's no taxation or I.want my trust to be in South Dakota.because the privacy laws are the best in.the country and then we say well you.realize that we can do this in a.directed trust structure delivering.control back and then we help them walk.through it now we don't practice law I.don't draft although I'm an attorney as.you know I don't I don't do any drafting.that would be inappropriate so what we.do is is we give example language and.and and usually they work very closely.with South Dakota Council um that.oversees the drafting of these trusts.perfect I appreciate you taking the time.just to go over that really quickly for.any of our attendees today who you know.might be interested in getting a.structure like this set up all right so.we talked about directed trusts and now.let's move on to the trust protector.also known as a super trustee absolutely.so Tyler when we talk about control and.we talk about flexibility and the.director trusts as I've said several.times in my view is the foundation and.really the revolutionary aspect of.what's different today compared to what.was defend to what was available twenty.years ago the trust protector is a sort.of add-on to this it's another extension.and another sort of allocation of power.within the traditional trust document.and it's very much a European concept.quite frankly the idea of a trust.protector or they just usually just call.it a protector has been something.they've been doing for hundreds of years.and it finally it's made their way in.the United States they've made their way.in the United States and essentially.what a trust protector is and as.said we call the super trustee is a.fiduciary position separate from the.trustee that has tremendous control over.aspects of the trust and in many.respects has more power than the.administrative trustee and that's why we.call it a super trustee so when you put.the trustee rather when you put this the.the trust protector together with a.directed trust we've just amplified the.control mechanisms and the flexibility.aspects of this trustee can never have.had twenty years ago and so the settlor.usually wants somebody in there that.he's close to he or she is close to it.can be in accountants typically it is a.CPA a settler can put in there of good.friend the settler can't make himself or.herself the chest protector and.shouldn't for conflict of interest.reasons but the reality is this person.is if you're considered like the like.you look at the federal union the.federal us cover us governments and this.idea around the constitutional check and.balance of powers and and checks and.balances it's the same thing so let's go.to the next slide and we'll talk about.what we can do the trustee I mean rather.the trust protector has several powers.probably the most most compelling is the.ability to easily replace the trustee.with a signature well the signature can.be the trust protector can replace the.investment manager with a signature the.trust protector and this one's important.can change trust situs in other words.can move a trust from one state.jurisdiction to another trust protector.has the power and ability to make.distributions the trust protector has.the power and the ability to make.investment decisions an investment.direction so I think it's clear that why.now I mean it's clear now why we call it.a trust I'm super trustee and so when we.combine again this with the director.trust structure we're delivering.infinitely more control than was.available 20 years ago and so why we why.would we even want this well I've.already talked about the reasons for.control.and that's probably the most compelling.aspect of it I mean we talked about the.reasons and the desire for families to.have checks and balances over over the.process and while there's the ability to.do and put a trust protector in place.it's really important for me to make a.quick distinction some states have a.trust protector statute and not all of.them do and we'll get to that later on.in the presentation but the reality is.all of these laws are not created.equally among states even among states.that have directed trust statutes.they're not all created equally and it's.important to know that the trust.protector statute you need to look at.carefully Pennsylvania is shockingly.enough has one but it's very limited.South Dakota Delaware Nevada the other.top tier trust jurisdictions of course.have them - South Dakota's have has.universally been referred to and.acknowledged as being the most liberal.for lack of a better word it's probably.the wrong word but let's say let's say.expansive how's that and that expansive.list of powers you can have under the.trust protector rules in South Dakota.are powerful but you don't need to use.them all Tyler so I often people say.well I don't want to give that much.power to somebody and you don't have to.you can pick and choose which one of.these powers that are enumerated under.the under the the law in South Dakota.that you want to incorporate into the.trust protector statute and so again.more flexibility more control and you.know I've been talking about the.flexibility control with respect to.administrating administration of these.trusts right now I'm talking about.flexibility and control even with.respect to the creation of these.irrevocable trusts again very.revolutionary concepts that are still.slowly being accepted and I think.implemented around the country I you.know Tyler I you know I've talked about.this a lot I'm often surprised how few.how many people I guess I'll say there's.how many people I we need some.practitioners around the country who who.don't use directed trust you who are not.familiar with trust protectors and and.there's a real opportunity for some.education here to get get people get.their minds around what you can now do.that you couldn't do 20 years ago yeah.David and we just had a question come in.the question is can you use or can you.initiate a trust protector within your.trust.even if you're not using the directed.trust model I know in your previous.slide it says the trust protector is.often used in conjunction with the.directed trust so is this something that.you can be separated from that or are.they forced to be used together well.there's an excellent question they are.not forced so be used together we like.to see them used together because it.gives Bridgeford or companies like.Bridgeford more specific direction.however the specific answer your.question is no that's right there can.just be a trust protector established.and that trust protector can have all of.these powers that we've talked about and.direct Bridgeford in much the same way.as we talked about how Bridgeford is.directed by the mechanisms of the.directed trust statute that's not ideal.from our perspective but the reality is.you can still accomplish what we want to.accomplish which leads us is something.that is is brand new delivers a whole.nother aspect of control in the.irrevocable trust space is yet another.reason why irrevocable trust really in.my view aren't really irrevocable.anymore at least under modern trust laws.and it's this idea of a family adviser a.lot of you on the webinar may never.heard a family adviser primarily because.it's brand-new South Dakota is the first.state as far as I know at this point the.only state to have carved out as de.special the role in its trust laws and.it's been referred to as a trust.protector light because essentially.that's really what it is it has some of.the same powers as the trust protector.so that's important some of the same.powers limited powers but what's most.important about this role Tyler is it's.a non-fiduciary wrong so why does that.matter it's particularly the people you.know listening in and and participating.thing because often Trust protectors and.even people serving and on the on the.administrative committees that we.discussed in the directory trust they're.worried about their liability as a.fiduciary because you have liability as.a fiduciary and if a trust protector.makes a bad decision certainly that.trust protector is going to be sued by.somebody whether a beneficiary or a.future beneficiary or maybe a.remainderman somewhere.so the reality is if I'm not in this.industry and my buddy comes to me and.says hey David I want you to be trust.protector and here's all the powers.you're gonna have I don't know that I'd.be all that excited about it and so.South Dakota acknowledged that South.Dakota has led the way in terms of.giving more control back to.beneficiaries and settlers and the.divisors and created what there's.created this this position of trust.protector rather the trust protector.light family adviser so on the next.slide we talk about sort of the powers.that they do have they can remove an.appointed trustee they can appoint a.successor a successor trust protector.they can do it or point a successor.family adviser they can appoint.investment committee members they can in.more particularity they can be and and.are allowed to be intimately involved.and advise the trustee on particular.manners with respect to trust.administration and have the ability to.receive information so what I love about.this position is everybody's virtually.that we talked to Tyler wants to dilute.the control of the trust company and.wants to dilute the negativity around an.interlocal trust and so this is sort of.on the spectrum of well you have.directed trusts you have trust protector.but a might you may have a problem.finding people to serve in that role.because that's their fiduciaries and.then South Dakota I think very.intelligently created this this this.this role that is just carries with it.less responsibility Dave and I think it.might be helpful if you could just kind.of review what individuals would fill.this role as a family adviser I know for.the trust protector you mentioned you.know that might be a CPA or someone of.that nature is this are you looking at.someone similar for this role someone.that just doesn't want to be a fiduciary.or might this be a family member what.have you seen from your experience great.question and sitting so brand new this.is what we're seeing often settlers of.trust wants their professionals to be.trust protector okay.so like an investment advisor for.example or an attorney and accountant.often attorneys and accountants and.investment advisors will not be.permitted to serve as trust protector.because they're the heightened.and liability so what we're seeing in.fact is this law and I think this is.exactly what South Dakota was trying to.do was to open the door for settlers to.use in appoint professionals who.otherwise wouldn't be allowed by their.compliance departments to serve as chest.protector or otherwise we're worried.about the liability so I think that your.question is perfect and I think that's.exactly what we're seeing and I think.it's working the way it's supposed to be.working and is this family advisory role.is that only available in South Dakota.are there other trusters checks.jurisdictions out there that have this.family advisor role as of right now I'm.not aware of any other jurisdiction that.has carved out this family advisory role.in and frankly because of that where's a.lot of businesses being driven into.South Dakota because of it perfect great.I think that just helps some of our.attendees on today's call and helps me.understand the family advisor role a.little bit better all right so with that.let's move into decanting so one of the.aspects that we talked about that really.people hated for lack of a better word.about irrevocable trust is irrevocable.sound so final and and theoretically I.guess it is because it's a it's a it's a.it's a transfer into assets of assets.are put into a trust and you can't can't.get them out so what people have come to.believe and what has been true for 150.years is that you really couldn't change.the trust document or make meaningful.changes to a trust document without.going to court and spending thousands of.dollars and having to prove why you.needed to have these changes happen.along comes the canting and I think it's.just as important in revolutionary as.the trust protector and a director to.trust inter in terms of the eye of the.control aspects that are being delivered.back to the families essentially what.the can ting is much like a bottle of.wine you take an old sort of tired trust.that needs to be changed or more.importantly a wealthy family wants to.change and you just pour it and then.when I say it I'm talking about the.assets into a newly constructed trust.with more desirable and flexible.provisions a new trust perhaps that how.can you that you can put directed trust.language in a new trust where you can.appoint a trustee Tector a new trust or.you.put privacy provisions a new trust where.you can put asset protection provisions.all of these modern trust laws it didn't.exist when when grandfather and.grandfather Ted drafted the trust a.hundred years ago so through the canting.you can change these trusts and you can.make the modern and you can make them.more responsive and through the process.deliver so much more control back to the.family which again I think is very.exciting and you don't need court.intervention to do this which is very.very very important and it's a very.powerful planning tool so when do we see.the Canton be being used I think more.cut the most common use of it is to.transfer trust siteís to a more.favorable trust jurisdiction like South.Dakota we'll come back to that.correcting drafting errors subdividing.issues in distributions among.distribution beneficiaries toggling.which doesn't say that on the slide but.that's a fancy way of saying switching a.trust from a grantor trust to a.non-grantor trusts for tax purposes as.I've already mentioned including asset.protection provisions changing the.trustee expanding trustee powers.creating the director trust all things.I've already mentioned these are just.some of the reasons why we would want to.do it going back to the first one you.know one of the aspects of control that.we're talking about and something that.is is I'm extraordinarily passionate.about is when we come upon a trust that.is is when I say old and tired I mean.not modern and doesn't have the.provisions that we think it should have.been there but hasn't been able to avail.itself of the modern trust laws and.frankly is in a jurisdiction that is old.and tired like Pennsylvania or other or.New Jersey or California that just don't.have the ability to do this type of.flexible planning and and progressive.planning decanting is the magic weapon.it's sort of the you know we heard on.the news the last couple of days the.nuclear option right the Congress has.exercised a nuclear option this is the.nuclear option you know companies that.have that say that they have all these a.revocable trusts that are unmovable and.that can't be changed and therefore the.beneficiaries are stuck with the big.traditional bank trust departments and.they can't move away from from some of.these organizations because of the.irrevocable nature this is the weapon.and the tool against that you we.can easily now move these trusts away.from a poorly performing trust company.and create or rather recreate distress.in the image of mother modern trust laws.giving the power to the settlers or the.beneficiaries so you work with the.investment managers they want to work.with distribution communities they want.to and they breathe this all new life.into these trusts and this is a very.very popular concept it's being used.more and more every day we use it we.were involved with it weekly in terms of.moving trusts when people come to us and.and interestingly enough we these are.several states that have a decanting.statute New York was the first to have.it the most important thing to think.about though is is they're not all.created equally these statutes and I.need to make that distinction very.important there's a chart that we'll go.to next.that talks about comparing these.decanting statutes and again not all.these states have me although they may.have the canting statutes they're not.all the same South Dakota has.consistently over the years been ranked.as having the the most flexible and the.most powerful decanting statute and it's.interesting to compare that to that of.Delaware Delaware seems to have been.traditionally been considered the.progressive trust jurisdiction.particularly on the East Coast and I.think you'll find more and more Delaware.has not and has slipped a bit oh I guess.slipped is the wrong word hasn't kept up.states like South Dakota Nevada and.others have become much more nimble and.so as you look at these two charts Oh.another that's the same chart it just it.just rates them all you know South.Dakota has been considered the top and.it's important when you're getting ready.to do this.it isn't just going to a jurisdiction.and has better trust laws than.Pennsylvania or New York New Jersey.wherever it's also now we have the.ability to figure out really which one's.the best one to go to and my view if we.know which one's the best we should.probably use it Dave you called.decanting the magic weapon and again.from someone who's not an expert in this.industry it seems like there's a big.money-saving opportunity here where you.could transfer your trust from.as you call you know an older tire trust.in a state with less favorable trust.jurisdiction statutes to a a modern.trust jurisdiction with a lot of these.modern trust laws that we're talking.about now so is that one of the ways.that you've seen decanting use is.someone who as trustees are looking to.to have to make significant money-saving.decisions absolutely that's an excellent.observation moving a trust from a.jurisdiction like Pennsylvania that.taxes resident trusts taxes the.undistributed income for example at a.little over 3% if we decant that trust.into a South Dakota trust or Delaware.trust and we're nowhere state that.doesn't have state income tax we've.absolutely absolutely saved that trust.money and that's probably something I.should have said first in addition to.all the modern trust laws we can apply.there's absolutely a tax move here and.it's a tax move frankly that's been.supported by case law in Pennsylvania's.particularly particularly in the McNeill.case where it's it's it's it supports.the idea that trusts are not to be taxed.at the the undistribute income level but.that's excellent question so as we move.into modern as we continue to talk about.modern trust laws and how they have.absolutely changed traditional notions.of how we approach irrevocable trusts.how we approach trust planning generally.there's another aspect of this that is.extremely important and it's in its.privacy South Dakota other states have.some privacy provisions but it's another.one of these modern trust laws that we.go over quickly here that lends itself.to the argument I've made that the trust.industry is so different today and that.there's so much more that we can do that.we couldn't do before and what you'll.see is in South Dakota particularly.there's it's it has been universally.considered particularly by trusts in the.state's magazine as having the most.powerful privacy provisions in the.country so powerful as such is that we.it's been referred to as the Little.Switzerland.which I'm not sure we'd like that but.it's been called the Little Switzerland.and you know we're very aggressive in.South Dakota to say you know there is a.difference between privacy and secrecy.and in South Dakota when we're not.inviting people to come there.they're looking to keep things secret.but privacy we're all entitled to and.that's that's what South Dakota has.built its walls around there's ability.to have a quiet trust provision and.these all of these trusts which means.that there's no disclosure requirement.to children when they turn 18 and.they're in college and they're the.beneficiary of a twenty five million.dollar trust there's no there's no.they're not compelled anymore to to to.tell that child who's 18 that he has.availability at all those funds wealthy.families really like that Tyler again.control right we're talking about.control we're talking about flexibility.and we're talking about changing the.trust industry this is a modern trust.law that has taken a old rule and and.changed it dramatically in the old days.and I guess I shouldn't say that in most.states in fact still today there is a.mandatory requirement to notify the.trust are the beneficiary when they turn.18 that they're the beneficiary of a.trust I could tell you I've been in.multiple meetings around the country and.even now around the world where that's.really upsetting and in fact often the.settlers of trust don't even know that's.in place so then one day they get a call.from Johnny and he's like well dad I.like my Lamborghini now and we're.talking about it's got a statement from.from from from Wells Fargo and.apparently I have access to a twenty.five million dollar trust so I I that is.a huge issue and one that we're pretty.happy about being able to avoid under.South Dakota law so we're gonna quickly.transition into what is really the last.modern trust law that I want to talk.about today.that I think sort of helps me make the.final argument that we began with that.irrevocable trust really just aren't a.revocable anymore and the notions that.we thought they were and that the trusts.industry is is radically different this.idea of a domestic asset protection.trust is powerful and it has been a.direct industry response again I talked.about how fascinating it is to watch the.industry evolve and this is an evolution.in a direct response to assets that were.moved offshore to places like the cooks.island or Bahamas or Nevis for asset.protection purposes and so many years.ago within the last 20 25 years states.like South Dakota Delaware created the.modern trust law of a domestic asset.protection trust.and it fits very nicely into the whole.new paradigm that I've talked about.because it also delivers control while.providing us a protection these trusts.it's important to understand ourself.settled trusts that means that Tyler you.can settle this trust and fund a trust.with 20 million dollars and still have.access to income and still be able to.have discretionary distributions as long.as they're consistent with the document.and still maintain control over how the.assets are managed how the assets are.distributed and who manages the assets.who the trustee is all the control.mechanisms that I've already talked.about because not only is it as self.directed domestic asset protection trust.but we would recommend that it's also a.directed trust where the trust protector.provision or maybe we put in the the the.family advisor or well not or and we add.privacy provisions to this and when you.combine all of these modern trust laws.with respect to the domestic asset.protection trust all into one document.which you can do very very easily what.you have is a very powerful vehicle that.you still have control over but you're.able to enjoy domestic asset protection.and I again become very excited and.passionate about all of these different.factors coming together which again.comes back to the question will Tosh you.know these these are revocable trusts.but really doesn't even look the same.anymore does it so you know each state.has their own asset protection I'm sorry.not all states have asked a protection.trust it's very important to make a.distinction among states which one is.the best it's easy to determine that.trust in the states magazine has.consistently said South Dakota at Nevada.Alaska Delaware have the top asset.protection statutes in the country which.is great I think that even even between.an among those states there's a.distinction and and that's important to.understand in the context of domestic.asset protection trusts really the most.important question we all should be.concerned about particularly lawyers who.are drafting these is what's the.look-back period.and when I say look back there the.Francie the fancy legal term is.fraudulent conveyance and in Delaware.for example it's four years which means.that when you create the trusts put.assets into it you have to wait four.years to enjoy the protection that you.would get from an asset protection trust.in South Dakota it's two years that's an.important distinction and something that.I think drives a lot of asset protection.trusts into into South Dakota and it.sort of helps us springboard into the.next couple of topics because you know.all of these modern trust laws Tyler as.exciting as they are and as amazing as.they as they are that have changed a.jurisdiction I mean that have changed.the conversation what makes it so.interesting is they're not all created.equally.so just because now we've gone through.and you and I have talked about and.identified well these are gray and yet.more control and and wow we really this.irrevocable concept isn't quite so scary.and and we can work around it and wow.look at all they look at all the.flexibility we have but then we have to.get a little more specific and say well.look just because the state has some of.these laws and just because a state has.been determined to be a top-tier trust.jurisdiction that doesn't end the.inquiry in our opinion and that was.inquiry that Bridgeford engaged in Tyler.five six years ago when we went to.launch a trust company and the reality.is these states even the top tier trust.states are not credit equally we are.young enough to say with credibility we.chose deliberately to be in South Dakota.for a particular reason we made a.decision based on information created by.people far smarter than myself and my.partners and we found objectively that.when you actually objectively compare.some of these states there are aspects.about South Dakota that elevates it in.our view a little bit a little bit above.the other top tier trusted sources is.that to say Tyler the other trust.jurisdictions are bad absolutely not.I'm saying why not go to the best option.if it's there and if it doesn't cost you.any more to do that why not do it and so.just very quickly this chart goes.through and it makes a comparison we.mentioned dynasty trust that was.established in 1983 in South Dakota it.was the first to do it.Steve oceans and Nevada attorney creates.charts and he created the camping chart.that we just looked at he's determined.at South Dakota.is is the most powerful as dynasty.trustee south dakota's you know it has.one of the only states that has a.community property state a community.property trust rather it has a domestic.asset protection as we talked about has.trust protector the directed trust.statutes been acknowledged as being one.of the best in the country and actually.frankly copied around the country by.other states particularly Florida.decanting I've already told you that's.been considered to be the best decanting.statute in the country trust provisions.as I've already mentioned is considered.to be the most powerful in South Dakota.and the direct quote from trusted in.estates magazine says over the top tier.trust jurisdiction South Dakota has the.best trust privacy laws again people.that's not Bridgeford saying that it's.not David Warren's opinion these are.people who are who have been looking at.these issues for years and years an idea.called a special purpose enemy which we.did not talk about much today South.Dakota is the only one in the country.that has a special-purpose entity.codified by statute that's a very.powerful protection mechanism to use for.these advisors that we discussed and.finally the family advisor so when you.look at these issues in the aggregate.when we talk about the the the theme or.thesis of our conversation today which.is well irrevocable trusts aren't really.revocable any more I believe that I.think we've shown why irrevocable 'ti of.a trust is not the same I think we've.clearly demonstrated the revolutionary.aspects of what's occurred in the trust.industry and how we can just simply.deliver much more control and.flexibility to the trust planning.process than we ever could before but.that's only half the conversation or.part of the conversation the other.conversation is then where do you go to.avail yourself of these modern trust.laws and I think this chart makes that.point and Dave before you wrap up here.with today's presentation we do have a.few questions that have come in so I.think this is a good time to touch on.one of them while we have all of these.modern trust laws on the screen here and.that is have any of these statutes or.modern trust lols been overturned or.found to not work no in fact I think.that the most controversial perhaps of.all these maybe would be controversial.the wrong word debatable is the domestic.asset protection statute there are some.practitioners that.whether or not these actually are going.to be upheld but as we sit here today.there's not a single instance where the.basic asset protection statute itself.has been has been shut down for lack of.a better phrase and I think that from.from that perspective we believe that's.a powerful tool I believe that in.instances where the asset protection.statutes have been challenged it's.because they were fraudulent conveyance.they were they were they were used in a.nefarious way but never the statute.themselves has ever been has ever been.knocked down so the way what I like to.sort of end and I think we do have a.couple more questions but this is.another quote from Trust in the state's.magazine that I think is particularly.timely and frankly was one of the.guiding principles for the establishment.of Bridgeford and I I believe probably.other trust companies like ours and the.trust industry has undergoing a quiet.revolution that has rested control of.trust accounts away from traditional.corporate trustees primarily the big.banks and other large institutions and.put it back into the hands of settler of.trust settlers of trusts beneficiaries.and their advisors I think that that.quote from trusts in the state's.magazine in 2012 is again more true.today than even when it was written five.or six years ago the industry is.different the traditional model has been.broken for a while and the industry.response is utterly fascinating and to.be able to be positioned to deliver the.control that we've been talking about.for the last hour and to be able to deal.in a modern trust world and a modern.trust era with clients particularly.wealthy clients is extraordinarily.satisfying and dynamic and exciting and.the the trust industry might be going.excuse me over undergoing a quiet.revolution but Dave I know this is not.something that it's easy to keep you.quiet about this something you're really.passionate about even just listening to.you today you know this is something you.know you're you get loud about you you.like to talk about and again you're just.very passionate about talking about.these modern trust laws so we're gonna.go over a few of the questions that have.come in I think we have enough time for.that and while we do that we're just.gonna put some additional information.about Bridgeford trust on the screen and.you can see Dave's contact information.there so if we're not able to get to any.of the questions that you submitted.today please feel free to reach out to.Dave send him an email give him a call.he'd be happy to talk.with you and go over any of these modern.trust laws that we've gone over today so.Dave first question that has come in is.about the international space and I know.that Bridgeford has done some work in.the international space so I feel like.this ties in pretty well with you and.what you've done with Bridgeford and.that's how do these modern trust lols.work in the International trust space.they work very well as we've talked.about in a past webinar and as you'll.see in a very near future coming from.Bridgeford and the writing and videos.that we will be producing there are a.myriad of reasons why people are coming.to the United States wealthy families.are coming to the United States and and.it isn't just a trickle effect there are.it's an overwhelming wave of families.that are coming from Latin America from.Europe and again I won't tell you all.the reasons here today these modern.trust laws I've talked about are.extraordinarily attractive to the.international community and they're.attractive to the international.community for the same reasons why.they're attractive to the domestic.community the idea of being able to have.far more control over the administration.and creation of these trusts is.something that is has brought a lot of.enthusiasm they were in many cases in.fact yesterday I was on a call with an.attorney who's one who's bringing a very.very large Italian family to the United.States and he had no idea of these.control mechanisms and he was sort of.blown away by it and and this is sort of.how much education is needed out there.and so the question is very timely not.only because we're able to answer a.direct need in the international.community but it's what Bridgeford is.focusing in a lot of its energy and so.more to come on that Tyler I know our.next we're gonna do a webinar soon on.that we have some blog posts that we're.going to be producing talking about you.know foreign trusts hybrid trusts how to.move trusts from various aspects I'm.sorry are various areas of the world and.into the United States and particularly.South Dakota great that that's perfect.Dave so again we're running a little bit.low on time so I'm gonna ask these final.two questions together you can answer.them and then just feel free to wrap up.the webinar after that Dave so the the.first question is is it difficult to.change trust jurisdiction and maybe you.can touch on whether you're changing.from state to state or international to.domestic and then finally is how will.these modern trust laws impact fees and.assuming they were talking about trust.service fees great great they actually.are tied together first of all no it's.not hard to move these trusts many.states including Pennsylvania have.specific statutes or rules around it you.don't have to go to court to move these.trusts in most of these states and and.it's relatively inexpensive I think.there's really a miscommunication.I rather a misconception in in the.adviser community probably promulgated.by trust companies that you can't move.these trusts very easily without going.to court and that's not true and I think.as we talked about decanting and and all.these other new modern trestles let's.make that makes it a lot easier in.international space it's it's the same.conversation often is where you were.doing a decant of a trust again you.don't need to go to court to do that.particularly when all the beneficiaries.are signing off on it cuz usually.everybody wants this to happen everybody.wants this to happen except the.incumbent trust company and make it.frankly at this point that you really.can't do much to to stop but even the.case law isn't in their favor I mean to.remove a trust company now you don't.even have to show cause in most states.which is a dramatic departure which.gives more control back to the families.that we're talking about all of this.impacts fees and in a very positive way.I'd mentioned in the beginning of the.webinar one of the complaints and I will.tell you Tyler one of the primary.complaints was is around fees or has.been around fees for these traditional.trust companies because of the bundled.approach the fees would be very.expensive and and you didn't know really.what you were paying for because there.was asset management and there was trust.administration and as I've said they're.different they're different disciplines.and different functions so the people.just sort of accepted a large bundled.fee and figured that was an industry.appropriate well when you break apart.these functions or as I like to say.unbundle them the fee becomes really a.lot more transparent and you're able to.delineate which in which and for what.you're paying for and why and so the.director trust model drives the the.trust feed down frankly because if you.if we're paying attention to the details.the traditional trust company has a lot.less responsibility and liability so a.company like Bridgeford is able to.combine well with an asset manager and.and typically the fees or you know 15 20.% less than what you'd see in an.industry comparison relative to.the traditional bundled approach and our.clients really like that clear I mean.clearly it's it's it may it has a big.impact and I'm proud of that quite.frankly so tilite listen has been great.I always appreciate the opportunity to.collaborate with you on these webinars.were extremely excited as I've said over.and over again about what we're now able.to do because of these modern trust laws.we're excited to be able to work through.Bridgeford and particularly out of South.Dakota to deliver what we think are some.of the most powerful planning.capabilities not only in the United.States but around the world please feel.free to contact us or contact me.directly if you have any questions there.is a lot of information on the website a.lot of white papers a lot of videos and.a lot of what we are told is extremely.useful information Bridgeford we'll be.speaking a lot over the next six months.around the country particularly in in.Florida and on the west coast on.international issues watch for those.details and hopefully we can see some of.our friends from around the world in the.country there and Tyler again I always.appreciate the opportunity to talk with.you and thank you very much.

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That's it. You will be done signing your Irrevocable Trust Bylaws Form on your mobile phones within minutes. With CocoSign's remote signature tool, you no longer need to worry about the usage of your electronic signatures and use our app of your choice.

How to create an e-signature for the Irrevocable Trust Bylaws Form on iOS?

Many apps have a more complex setup when you start using them on an iOS device like the iPhone or iPad. However, you can esign form online safely with CocoSign, either using the iOS or Android operating system.

Below instructions will help you to e-sign your Irrevocable Trust Bylaws Form from your iPad or iPhone:

  1. Add the CocoSign app on your iOS device.
  2. Write your CocoSign account or login if you have a previous one.
  3. You can also sign in through Google and Facebook.
  4. From your internal storage, click the document you need to e-sign.
  5. Open the document and choose the space you want to place your signatures.
  6. Write your electronic signatures and save them in your desired folder.
  7. Save the changes and send your Irrevocable Trust Bylaws Form .
  8. You can also share it to other people or upload it to the cloud for future use.

Select CocoSign electronic signature solutions and enjoy effectively working on your iOS devices.

How to create an electronic signature for the Irrevocable Trust Bylaws Form on Android?

These days, Android gadgets are commonly used. Therefore, to assist its customers, CocoSign has developed the app for Android users. You can use the following intstructions to e-sign your Irrevocable Trust Bylaws Form from Android:

  1. Add the CocoSign app from Google Play Store.
  2. Login to your CocoSign account from your device or signup if you have not been pre-registered.
  3. Choose on the '+' option and add the document in which you want to place your electronic signatures.
  4. Select the area you want to put your signatures.
  5. Generate your e-signature in another pop-up window.
  6. Place it on the page and choose '✓'.
  7. Save changes and send the file.
  8. You can also share this signed Irrevocable Trust Bylaws Form with other people or upload it on the cloud.

CocoSign helps you to write lots of electronic signatures at anytime. Connect with us now to automate your document signing.

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