What issues must a drafter consider in a trust for multiple beneficiaries that he or she would not otherwise address?  A trust with multiple beneficiaries requires a drafter to pay particular attention to the rights of each beneficiary vis a vis their relationship to the trustee and to each other, and their enjoyment of the trust property.  This author explores issues surrounding identifying beneficiaries, trustees’ duty of impartiality, dealing with missing beneficiaries and beneficiaries’ rights to prematurely terminate a trust.  A case study is attached.

This paper is part of a collection presented in April 2015 at LESA’s Drafting Your First Trust program.