• videocam Live Webinar with Live Q&A
  • calendar_month July 15, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Estate Planning
  • schedule 90 minutes

Drafting Irrevocable Trusts: Flexibility Mechanisms, Retaining Access and Control, Distributions, and Other Issues

About the Course

Introduction

This CLE webinar will provide estate planners with a detailed analysis of key challenges and pitfalls to avoid when drafting irrevocable trusts. The panel will discuss the legal framework and critical considerations for irrevocable trusts, the pros and cons of trust protectors, beneficiary control and distribution provisions, retaining settlor flexibility and access, redirecting trust assets, and other vital considerations.

Description

When structuring an estate plan under current tax law, decreased asset values and lack of guidance on certain tax rules may cause many to hesitate to part with certain assets. Trust and estates counsel use irrevocable trusts to protect assets and provide a level of flexibility to adapt to changing circumstances.

Counsel must understand income and transfer tax rules related to irrevocable trusts, which assets can go into the trust, restrictions on who can serve as trustee, prohibited trustee powers, how to make distributions, and various tax considerations. Incorporating flexibility when structuring irrevocable trusts will allow those who affected estate or gift taxes to retain a degree of control. For others, these trusts and gifting may minimize income taxes, protect assets from claims, and address other vital issues.

Our panel will explain the legal framework and key areas of focus in drafting irrevocable trusts, the difference between grantor and non-grantor status, and how to use applicable rules to a client's advantage. The panelists will also explain drafting approaches for trusts that mitigate income and transfer tax consequences related to the transfer of assets.

Listen as our panel discusses the legal framework and critical considerations for irrevocable trusts, pros and cons of trust protectors, beneficiary control and distribution provisions, retaining settlor flexibility and access, redirecting trusts assets, and other key considerations.

Presented By

Alex Kurutz, CPA
CPA
Mountain Vista Tax & Advisory, LLC

Mr. Kurutz assists high net worth individuals and their families. He is experienced in the aspects of estate, income, gift, and trust tax consulting and compliance; charitable giving and philanthropic foundations.

Scott D. Weaver, JD, TEP
General Counsel and Chief Fiduciary Officer
Willow Street Group, LLC

Mr. Weaver is a trust and estate attorney serving both domestic and international families and their advisors. Before joining the firm, he practiced with Gonnella Adamson P.C. where he focused on tax, business and estate planning. Prior to law school, Mr. Weaver worked in the Emerging Market Economies section of the Federal Reserve Board as a Senior Research Assistant where he assisted with research, forecasting and modeling of the Chinese economy. In this role, he also assisted with the preparation of briefing materials used by former President George W. Bush at the Second Strategic Economic Dialogue with the People’s Republic of China.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, July 15, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Irrevocable trust basics

II. Trustee rules and powers

III. Key trust provisions and drafting considerations

IV. Beneficiaries and distribution rules

V. Estate tax and other considerations

The panel will discuss these and other key issues:

  • What are the applicable legal and tax rules to consider when utilizing irrevocable trusts?
  • How should counsel draft a trust compliant with current tax law while also retaining flexibility for the settlor?
  • What planning mechanisms are available to retain access to trust assets?
  • What are the planning mechanisms for estate inclusion?
  • What are the pros and cons of grantor vs. non-grantor trust status and reasons to switch?
  • What transfer mechanisms are favored for gift tax purposes?