Being retained to set up a trust requires a lawyer to consider certain questions and issues.  This paper sets out those issues, including:  determining the scope of the retainer, setting fees, the information need to begin drafting, the players to be involved, preparing for the day for settlement of the trust, and how the trust will be administered.  Sample trust-related precedents are attached. Bonus: A 13-page research memo representing an overview on trusts (tax planning principles, trust origins, non-tax uses of trusts, and administration of trusts) and a comprehensive sample trust deed.

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