Practical Considerations in Drafting Silent Trusts

When a client asks her attorney to draft a trust, they likely will spend most of their time talking about who the client wants to benefit and who the client wants to serve as trustee.  The attorney also should confer with the client about whether the client wants various administrative provisions to be included in the trust.  One question the attorney should ask is “Do you want the beneficiaries to know about the trust right away?”  If the answer is “no,” then the client wants what I will refer to in this article as a “silent trust.”

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