We agree that the trust would be its own UPE, based on the facts you presented.
Question
From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Tuesday, March 26, 2024 11:05:05 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Trust - shared right to remove/replace trustee with spouse
We agree that the trust would be its own UPE, based on the facts you presented.
Best regards,
Kristin
From: [Redacted]
Sent: Monday, March 25, 2024 3:35 PM
To: Shaffer, Kristin <kshaffer@ftc.gov>
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Trust - shared right to remove/replace trustee with spouse
The trust I am looking at is an irrevocable trust of which both Spouse A and Spouse B are settlors. Spouse A and Spouse B currently serve as trustees. The trust was created for the benefit of the children of Spouse A and Spouse B. Neither Spouse A nor Spouse B is a beneficiary of the trust nor has a reversionary interest in the trust. In the documents establishing the trust, Spouse A and Spouse B are given a shared right to remove and replace the trustees so long as both spouses are alive and have capacity (both of which are currently the case), meaning that neither Spouse A nor Spouse B can individually remove and replace the trustees.
Given the facts above and Interpretation 2104005, it seems that the trust would be its own UPE as Spouse A and Spouse B have a shared right to remove and replace the trustees. Please let me know if you agree.