E6 – Making HEMS Human

Drafting attorneys and fiduciaries often have differing definitions of “Health, Education, Maintenance
and Support” (HEMS) discretionary distribution provisions contained in trusts. This session will contain a
comprehensive review of common law, Restatement (Second and Third) of Trusts and the Uniform Trust
Code regarding trustee discretion and distribution standards. The presentation will cover Discretionary
Trusts, Family and Marital Trusts, SNTs, Spendthrift Trusts, and trusts for minor beneficiaries. Trustee
prudency and the duties of loyalty and impartiality will be addressed as well as other esoteric
discretionary distribution standards such as “comfort”, “happiness”, and “convenience.” Best practice
tips will be provided for drafting attorneys and fiduciaries to ensure beneficiary empowerment and
quality of life. Presentation incorporates fun and interactive case studies throughout.


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