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Uniform Conflict of Laws in Trusts and Estates Act: Whats New and What’s Next

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When: January 18 @ 12:00 pm 1:00 pm

ACTEC Fellows Turney P. Berry, Jane Gorham Ditelberg, Ronald Scalise, Jr., Robert H. Sitkoff

The law governing conflict of trust laws is widely understood to be outdated. The geographic fragmentation of families, the shift in the nature of wealth from land to liquid financial assets, the rise of directed trusts, the practice of trust decanting, and the shift to informal accountings are not addressed by the prevailing Restatement (Second) of Conflict of Laws, which is now more than 50 years old. With unresolved conflict of trust laws scenarios arising with increasing frequency, both the American Law Institute and the Uniform Law Commission (ULC) initiated reform projects to address this obsolescence.

In 2020, the ULC formed a committee to draft a uniform law to address contemporary problems of conflict of laws in trusts and estates. A first draft of a Uniform Conflict of Laws in Trusts and Estates Act will have its first read at the 2024 ULC annual meeting. This webinar will provide insights into what went into this Act, how it modifies the traditional common-law approach to conflict of trust and estate laws, what is next, and what it could mean for your practice.

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