The Good Faith Trustee: Removing a Barrier to Client’s Wishes

By carefully drafting the trust, we can give our clients the results they actually expect. They want a tool that gives them control over future events. It is the client’s control, not the beneficiary’s that matters. A simple start is for the estate planner to add into the trust document, or as a side letter to the trustee, a more detailed discussion about the client’s goals and concerns. Whether that detail is mandatory or precatory in nature will depend on the situation. By simply adding these provisions, the client will see them in writing and have a chance to agree or make changes.