Friday, July 29, 2005
In The Intention of the Settlor Under the Uniform Trust Code: Whose Property Is It, Anyway?, 38 Akron L. Rev. 649-705 (2005), Associate Professor of Law Alan Newman of the University of Akron School of Law focuses on the interface between the UTC and the settlor's intent.
Prof. Newman demonstrates that:
the Uniform Trust Code has taken modest steps towards accommodating the interests of trust beneficiaries when those interests will not be served by strict adherence to the settlor's intent as set forth in the terms of the trust. In other respects, consistent with the common law, the UTC continues to honor the settlor's intent. Finally, in some respects the UTC provides greater protection to the settlor's intent than under common law