Trust Structuring, Drafting and Design: From Foundational Trust Concepts to Advanced Planning Techniques

Maria Bourdeau
Maria Bourdeau
Kirkland & Ellis LLP

Maria L. Bourdeau is a partner in the Trusts and Estates Practice Group in the New York office of Kirkland & Ellis LLP. Maria’s practice focuses on sophisticated estate and tax planning for high-net-worth individuals and families.

Thomas Norelli
Thomas Norelli
Kirkland & Ellis LLP

Thomas Norelli is a partner in the Trusts and Estates Practice Group of Kirkland & Ellis LLP. Tom’s practice focuses on wealth transfer planning, wealth preservation, trust and estate administration, charitable organizations, and charitable giving.

Live Video-Broadcast: January 29, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

Session I – Trust Fundamentals and Core Planning Structures

This session provides a synopsis of foundational trust concepts and critical considerations when designing and drafting trusts. Attendees will learn how trusts are formed, how they may operate depending on which provisions are implemented in the trust agreement, and why certain provisions might be selected. Drafting issues, tax-saving strategies, and best practices for effective trust design and funding will be considered throughout the session.

Key topics to be discussed:

  • What is a trust?
  • Trust creation, administration, and modification
  • Revocable trusts vs. irrevocable trusts: Purposes and limitations on role of grantor for a lifetime grantor trust
  • Trustees and other fiduciaries
  • Trustee appointment and removal provisions
  • Division of trusts
  • Distribution provisions: Ascertainable standard distributions (beneficiary as a co-trustee), discretionary distributions, and other distribution provisions
  • Limited and special powers of appointment
  • Other provisions to consider: Divorce clause, addition of future children, portability, right of survivorship, co-trustees vote (by majority), change of situs

Session II – Advanced Irrevocable Trust Planning and Specialized Planning Techniques

This session explores the income taxation of trusts and the specific strategies used for both income and estate tax planning. It also examines a range of advanced trust structures and their applications, including planning considerations, funding decisions, and key exemptions. Participants will gain insight into critical drafting considerations and techniques for implementing these strategies effectively. The session provides a comprehensive view of advanced trust planning in practice.

Key topics to be discussed:

  • Grantor trusts vs. non-grantor trusts: Planning uses and tax implications (discussion of the grantor trust rules, advantages and disadvantages/limitations of each)
  • BDOTs/BDITs
  • Key considerations in funding: Which assets to use, community property considerations, and taxation of trusts
  • GST exemption and related provisions: General power of appointment, severance provision
  • GRATs
  • QPRTs
  • RPM trusts
  • Trust decanting
  • Charitable planning: CRTs, CLTs

Date / Time: January 29, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Maria Bourdeau | Kirkland & Ellis LLP

Maria L. Bourdeau is a partner in the Trusts and Estates Practice Group in the New York office of Kirkland & Ellis LLP. Maria’s practice focuses on sophisticated estate and tax planning for high-net-worth individuals and families. She also advises clients on family wealth preservation, structuring family offices, business succession planning, estate and trust administration, and charitable planning. Maria regularly writes and speaks on estate planning topics. Maria received an LL.M. in Taxation from New York University School of Law and is a graduate of Notre Dame Law School and Middlebury College.

 

Thomas Norelli | Kirkland & Ellis LLP

Thomas Norelli is a partner in the Trusts and Estates Practice Group of Kirkland & Ellis LLP. Tom’s practice focuses on wealth transfer planning, wealth preservation, trust and estate administration, charitable organizations, and charitable giving. He advises principals of private equity funds and venture capital firms, business executives, leaders in the financial industry, and other individuals of significant wealth and their families to accomplish their estate, charitable, and business succession planning objectives in a tax-efficient fashion. Tom also counsels fiduciaries regarding the ongoing administration of high-net-worth estates and trusts and advises on issues related to charitable organizations, including nonprofit formation, administration, grant-making, and governance.

Tom is a contributor to The Complete Estate Planning Sourcebook (published by Wolters Kluwer) and regularly writes and speaks on trust and estates topics.

Agenda

Session I – Trust Fundamentals and Core Planning Structures | 1:00pm – 2:00pm

• What is a trust?
• Trust creation, administration, and modification
• Revocable trusts vs. irrevocable trusts: Purposes and limitations on role of grantor for a lifetime grantor trust
• Trustees and other fiduciaries
• Trustee appointment and removal provisions
• Division of trusts
• Distribution provisions: Ascertainable standard distributions (beneficiary as a co-trustee), discretionary distributions, and other distribution provisions
• Limited and special powers of appointment
• Other provisions to consider: Divorce clause, addition of future children, portability, right of survivorship, co-trustees vote (by majority), change of situs

Break | 2:00pm – 2:10pm

Session II Advanced Irrevocable Trust Planning and Specialized Planning Techniques | 2:10pm – 3:10pm

  • Grantor trusts vs. non-grantor trusts: Planning uses and tax implications (discussion of the grantor trust rules, advantages and disadvantages/limitations of each)
  • BDOTs/BDITs
  • Key considerations in funding: Which assets to use, community property considerations, and taxation of trusts
  • GST exemption and related provisions: General power of appointment, severance provision
  • GRATs
  • QPRTs
  • RPM trusts
  • Trust decanting
  • Charitable planning: CRTs, CLTs

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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