The Art and Science of Conditional Gifts in Estate Planning

Monday November 19, 2018

In formulating their trust and estate plans, clients often want to set up benchmarks of achievement before distributions or gifts are made. These benchmarks often involve educational attainment – i.e., that a child obtain a college degree by a certain.  But they may involve more difficult to measure benchmarks or life goals that are arguably not appropriate – i.e., that a child marry or have children of their own by a certain age.  Conditional gifts can easily lead to resentments among beneficiaries, questionable enforceability, disputes, and fiduciary litigation.  This program will provide you with a practical guide to conditional gifting using incentive trusts and other mechanisms, and counseling clients about the real limits and risks of conditional gifting.


Handout Materials iwill be emailed to you prior to the seminar

Starts 12:00 p.m.
1.0 MCLE Credit Hours

  • How companies use revenue share arrangements in business transactions
  • Counseling clients about the benefits and risks of revenue sharing
  • Defining the “pie” – how references to “gross revenue” can lead drafters astray
  • Allocation of cash and non-cash expenses for purposes of defining sharable revenue
  • Special issues involving preferential returns of capital contributions before the revenue share


Missia H. Vaselaney, Taft, Stettinius & Hollister, LLP – Cleveland

Steven B. Malech, Wiggin and Dana, LLP – New York City