Exploring Why Delaware is No Longer the Premier Trust Jurisdiction in the United States

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Reviewed by Stuart A. Green, JD

Last Updated: Feb 15, 2024

Read Time: 3 mins

Introduction

For many years, Delaware has held the reputation as the premier trust jurisdiction in the United States. Its favorable trust laws, business-friendly environment, and robust legal system have attracted individuals and families seeking to establish trusts. However, in recent times, other states have emerged as strong competitors, offering compelling advantages that have challenged Delaware’s longstanding dominance. In this article, we will explore the reasons why Delaware is no longer considered the sole premier trust jurisdiction in the United States and the growing appeal of alternative trust jurisdictions.

1. Increased Competition from Other States

While Delaware was once unrivaled as the go-to trust jurisdiction, other states have recognized the lucrative opportunity and enhanced their trust laws and regulations to attract trust business. South Dakota has emerged as the best jurisdiction, offering competitive advantages and innovative trust structures.

2. Robust Asset Protection in Other States

Asset protection is a critical factor for many individuals looking to establish trusts. States like South Dakota and Nevada have strengthened their asset protection laws, providing enhanced shielding of trust assets from potential creditors and legal threats.

3. Perpetual Trust Duration in Alternative States

Delaware has historically been known for allowing perpetual trust durations. However, several other states now offer the same benefit, enabling trusts to exist indefinitely. This makes the perpetual duration less of a unique selling point for Delaware, especially since South Dakota was the first state to permit Dynasty Trusts.

4. Flexibility and Innovation in Trust Structures

South Dakota has more flexible and innovative trust structures, such as Directed Trusts and Quiet Trusts, which provide increased customization and control for settlors. These options have enticed individuals away from Delaware in search of tailored trust solutions.

5. Privacy Concerns

Delaware’s trust laws have come under scrutiny for their lack of privacy protection. South Dakota has responded by enhancing privacy measures, ensuring that sensitive trust details remain confidential.

Conclusion

While Delaware has long held the reputation as the premier trust jurisdiction in the United States, its status has faced challenges due to increased competition from other states. Factors such as state income tax, strengthened asset protection laws in alternative states, innovative trust structures, and improved privacy measures have all contributed to the shift in preference among settlors.

As individuals seek tailored trust solutions with the most favorable legal and financial advantages, they are turning to states South Dakota. The choice of a trust jurisdiction now hinges on the specific needs and objectives of each settlor, requiring careful consideration of the benefits offered by different states. In light of the changing landscape, it is essential for individuals to work closely with experienced estate planning and legal professionals to navigate the complexities of trust jurisdiction selection and make informed decisions that align with their unique circumstances.

The Stuart Green Law Approach

A Modern Approach to Family Wealth

Stuart Green Law combines modern South Dakota trust law with integrated estate planning, wealth management, and fiduciary services for families throughout the United States and internationally. The firm’s approach is built around selecting the strongest legal framework available, maintaining continuity of planning judgment, and bringing every part of the family’s wealth strategy into alignment with its long-term objectives.

South Dakota Law,
Wherever You Live

Families are not limited to the trust laws of their home state. Stuart Green Law integrates South Dakota’s sophisticated legal framework into estate plans for clients across the United States and around the world, allowing families to benefit from its privacy, flexibility, asset protection, and long-term trust advantages regardless of where they live.

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Estate planning, tax strategy, wealth management, and fiduciary services are most effective when they operate together. Stuart Green Law integrates these disciplines into a cohesive framework that keeps the family’s wealth aligned with the grantor’s vision, goals, and long-term planning intent.

Client Testimonials

    
 
 
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   Angélique Pfab Green 
 
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is incredibly knowledgeable and clearly operates at a very high level. His approach to estate planning and wealth strategy is thoughtful, modern, and well beyond the traditional. You can tell he genuinely cares about helping people protect what they’ve built. Truly impressive work and reputation.
  
 
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   Maria Cardenas Anderson 
 
 
 
 Trustindex verifies that the original source of the review is Google. I had an excellent experience working with Stuart Green on my trust and will documents. From start to finish, he was incredibly responsive, patient, and thorough. He took the time to explain everything clearly, ensuring I fully understood each step of the process. Even after the trust was complete, he guided me on what still needed to be done — something I really appreciated. Stuart’s professionalism and kind demeanor made what could have been an overwhelming experience so much easier. I felt informed and supported every step of the way. I would highly recommend him to anyone looking for a knowledgeable and attentive probate lawyer. Thank you, Stuart!
  
 
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   katelyn rennie 
 
 
 
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   Chris Stinson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Stuart Green is an exceptional estate attorney. He handled my father's living will and then his estate after his passing, as well as helping my mother finalize and complete her estate in conjunction with my father's death. Currently, he is handling the living will and estate planning for me and my wife and our family. I highly recommend him and his integrity of work.
  
 
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   Alejandra 
 
 
 
 Trustindex verifies that the original source of the review is Google. My experience with Stuart Green Law was a 10/10. They were professional and efficient, resolving my case quickly. I highly recommend them!
  
 
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   Joseph Marchetti 
 
 
 
 Trustindex verifies that the original source of the review is Google. Great guy - honest businessman.  Has been very helpful for me in providing feedback and input from a law perspective on employment and legal agreements in my personal and professional life.  Would heartily recommend Stuart to others!
  
 
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   Will Desrochers 
 
 
 
 Trustindex verifies that the original source of the review is Google. I have worked with Mr. Green for awhile now and can't recommend him highly enough. He is professional and and timely with his responses to my questions. I really appreciate how he helps me understand the plan for my estate. I look forward to continuing to work with him.
  
 
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   Chuma 
 
 
 
 Trustindex verifies that the original source of the review is Google. I’ve learned a great deal from Stuart on the foundational aspects of estate planning, legacy planning and asset protection. Having had the privilege  to work alongside Stuart, I can also say that he is a top tier counselor and focused on aligning his client’s personal goals with their long term objectives and wishes.
  
 
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   Nick Delsignore 
 
 
 
 Trustindex verifies that the original source of the review is Google. Incredible person to know and be associated with. Stuart provides excellent services, that is undeniable. However you will be hard pressed to find another attorney with a truer moral compass.