Along with answering the question of “what is a trust protector?,” this presentation will provide insight
into common use cases for a trust protector, best practices when acting as a trust protector, and
potential liability of a trust protector. Withers attorneys, Jenny Bratt and Matthew Owens, will also
discuss compensation for the trust protector and duties imposed on the trust protector by the trust
instrument and the law. The trust protector role will also be compared and contrasted with other special
fiduciary roles such as trust advisors, directed trustees, and special trustees. The presenters bring two
different perspectives – one from an estate planner and from a trust litigator – that will leave the
audience with a well-rounded understanding of the role of the trust protector in the trust galaxy.
EB4 – Guardians of the (Trust) Galaxy: Trust Protectors Defined, Explained, and Explored
Speakers
Matthew Owens
Matt is a partner in the trust and estate litigation team. Matt focuses his practice on trust, estate, and inheritance disputes. He has prosecuted and defended a wide range of matters in probate court, including trust contests, elder abuse actions, accountings, contested conservatorships and claims involving breach of fiduciary duty. His clients include high net worth individuals and families, corporate trustees, and private professional fiduciaries. Matt has successfully handled numerous trials and arbitrations of trust and estate disputes. He has also handled many appeals, including the following cases that resulted in published opinions: Dunlap v. Mayer (2021) 63 Cal.App.5th 419 Funsten v. Wells Fargo Bank, N.A. (2016) 2 Cal.App.5th 959 Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He frequently speaks and writes on trust and estate litigation topics, is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association’s Estate Planning, Trust, and Probate Law Section. He was recognized as a Best Lawyers “Ones to Watch” each year since 2021, has been a Super Lawyers Rising Star each year since 2013, and has been on Legal Week’s Private Client “Ones to Watch” list each year since 2017. Matt holds a B.A. from the University of Mississippi and a J.D. from Santa Clara University. Matt is also a registered foreign lawyer in the UK.
Jenny Hill Bratt
Withers Bergman LLP
Jenny is a partner in the private client and tax team. Her practice is focused on US and international estate and income tax planning, trusts and estates administration, family and closely-held business planning and charitable planning and exempt organizations.
She advises US individuals who own foreign assets on the manner in which such assets should be structured as well as their US tax compliance obligations. She routinely employs transfer tax mitigation techniques such as intentionally defective grantor trusts, grantor retained annuity trusts, irrevocable life insurance trusts, and family limited partnerships, among others.
Jenny regularly advises clients with the creation and administration of closelyheld family businesses, from choice of entity issues, to the design and implementation of limited partnerships and limited liability companies, structuring tax-efficient wealth transfers and addressing income tax solutions arising from investments and operating businesses.
She also advises clients in planning and implementing charitable gifts including structuring such gifts through charitable remainder trusts and charitable lead trusts. She can also assist clients with the formation of private foundations and private operating foundations and advise such clients on issues that arise in the administration of such entities.