Semantics matter – When using ascertainable standards, precise language is a must

Description

Abstract: If a trust includes the use of ascertainable standards (which limit distributions to amounts needed for a beneficiary’s health, education, support and maintenance), how the standards are drafted is critical to its success. As this article explains, ascertainable standards are objective, so they limit the trustee’s discretion and allow a court to determine whether distributions are appropriate or should be compelled. But precision of language is important to head off disputes.