Publication Date

5-2023

Journal

Tulane Law Review

Abstract

The article critiques the current approach to party autonomy in trust law, particularly the freedom granted by the Second Restatement of Conflict of Laws for settlors to choose the governing law for their trusts. The author argues that this freedom, rooted in historically uniform trust laws, is now outdated due to the diversification of state trust laws, especially regarding issues like perpetual trusts and asset protection. The analysis advocates for a more restrictive approach to party autonomy, prioritizing the settlor's domicile and home state policies to prevent manipulation and ensure fairness, particularly for third parties affected by trust arrangements.

Volume

97

Issue

5

First Page

1097

Last Page

1146

Publisher

Tulane University School of Law

Disciplines

Civil Law | Civil Procedure | Conflict of Laws | Estates and Trusts | Law

Comments

Symposium on Conflict of Laws in Trusts and Estates

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