Estates and Trusts Commons^™

My Response To Beyer And Bove, Richard C. Ausness

Law Faculty Scholarly Articles

Alexander Bove and Gerry Beyer were kind enough to read and comment upon my article about discretionary trusts. I thank them for the time and effort that they put into this assignment and I appreciate the constructive and insightful comments that they made. Needless to say, it is no small task to follow in the footsteps of the great Dean Halbach.

When I read their comments, my first reaction was to say “Gee, I wish that I had thought of that!” Between the two of them, Alexander Bove and Gerry Beyer identified a number of areas that I should have …

Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth

Scholarly Articles

The Uniform Trust Code ("UTC") is the first comprehensive codification of the law of trusts. Approved in 2000 by the National Conference of Commissioners on Uniform State Laws, the UTC has since been enacted (sometimes in modified form) in at least a dozen jurisdictions. The UTC has not been without controversy. In particular, Article Five of the UTC - concerning creditors' rights - has generated a veritable war of words, with opponents claiming that enactment of the UTC will result in dire consequences to the traditional creditor-protection benefits associated with spendthrift and discretionary trusts. The purpose of this article is …

Codify -- Not Modify: Creditor Remedies And The Ohio Uniform Trust Code, Alan Newman, Richard E. Davis

Akron Law Faculty Publications

In a number of states that have considered the Uniform Trust Code (“UTC”), Article 5, "Creditor’s Claims; Spendthrift And Discretionary Trusts," has become a flash point of controversy. The prefatory note to the UTC states that much of the UTC is a codification of the common law of trusts, but that it also introduces a number of innovative provisions. UTC critics, on the one hand, claim that more than a hundred years of common law have been tossed aside, giving creditors greatly expanded abilities to reach through once impenetrable barriers that previously protected trust beneficiaries, while supporters, on the other …