Dynasty Trusts

I’d like to see an actual Dynasty Trust or at least the “secret sauce” language in a trust that makes it a dynasty trust. I’m not sure this is for me, but before I start shopping estate planning lawyers, I’d like to see an actual example of one of these. I can’t seem to find it by Googling. Any ideas or links?

You might also search for “perpetual trust.”

I have my doubts that you will find examples online as that might defeat the need for a trust atty to charge you for their expertise. :wink:

Also, these trust are not legal in all states:

https://trustandwill.com/learn/perpetual-trust

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A “Dynasty Trust” is just a trust that continues generation after generation as long as the applicable law allows. Some states, like DE, allow “perpetual trusts” that never are required to terminate. Many states have a Rule Against Perpetuities which essentially requires a trust to “vest” (essentially terminate) on or before 21 years after the death of the last to die of all [of my descendants] who are living on the date this trust becomes irrevocable (frequently on the date of the grantor’s death). For estate tax purposes, this is beneficial because the assets are never included in any decedent’s estate and subject to estate tax.

Makes sense when you have a large trust, but if your descendants have a number of kids each and the trust keeps dividing, it becomes less and less common.

The trust doesn’t really have “magic” language. You just divide the trust in equal shares per stirpes and continue to hold each beneficiaries’ share in trust pursuant to the same language.

Mike

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A “Dynasty Trust” is just a trust that continues generation after generation as long as the applicable law allows. Some states, like DE, allow “perpetual trusts” that never are required to terminate. Many states have a Rule Against Perpetuities which essentially requires a trust to “vest” (essentially terminate) on or before 21 years after the death of the last to die of all [of my descendants] who are living on the date this trust becomes irrevocable (frequently on the date of the grantor’s death).

That’s exactly true. I would also point out that there isn’t magic language you need in the will or trust instrument to make it a dynasty trust, it’s the ABSCENCE of a state law provision prohibiting it, that allows for a dynasty trust.

I live in Wisconsin, a state with no rule against perpetuities, and one particular wealthy family that I know of has made great use of it.

When my sister, now a retired lawyer, was studying for the Wisconsin bar exam (she had gone to law school out of state), she called me because she had read somewhere that “Wisconsin, and X state, and Y state have statutory exceptions,” and she wondered what that meant. I told her, that just means that in Wisconsin you can have a perpetuity. But you might not find those exact words anywhere. The Wisconsin statutes just don’t contain the old English rule against perpetuities.

Bill

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