While there are many ways to change the terms of an irrevocable trust, decanting proves to be one of the most effective methods. An irrevocable trust does not necessarily mean that it is unchangeable, as the terms can be altered after it is poured (decanted like a bottle of wine) into a new trust. Trust decanting is a useful tool for estate planning attorneys who are striving to make a trust better fit the needs of the client. The authority to decant a trust can be included in the original trust, or it can stem from the decanting statutes in more than thirty states. 

Business owners can be so concerned with day-to-day operations that they fail to prepare for the inevitable day when they are no longer able to run their business. There always seems to be time until there is no more time. Business succession planning may be the “single-most neglected aspect” of running a company. Further, this issue is relevant to business clients as well as to attorneys who run their own practices. Whether plans to depart the business are imminent or far-off, it is important to act now, as proper business succession planning can often take several years to implement.

Protecting assets is a major goal of estate planning, and as of March 2022, nineteen states have statutes that allow the creation of a domestic asset protection trust (DAPT). A DAPT is an irrevocable trust designed to protect trust assets from beneficiaries’ creditors. An even better version of this trust is the hybrid DAPT, which can offer another layer of protection for your client. Read on to learn how it works.