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Heckerling 2026 Report 5 - Tuesday and Wednesday General Sessions includes:

“Splitting the Difference – Structuring and Restructuring Interests in Trusts,” by Diana Zeydel
“The Two of You Came to Me for Estate Planning – But Let’s Talk About What Happens When You Get Divorced!” by Bruce Stone

The summary of Diana’s session is “must read.” Regarding the comment about CCA 202352018 that adding a beneficiary to a trust will have tax consequences: I agree that one always should consider whether it is a gift, but I do not agree that it always constitutes a gift. If the beneficiary could have objected but would have incurred substantially legal fees with almost no chance of success, then it would not be a gift. See III.B.1.b. for where I discuss this in more detail. In my business structuring materials (free subscription available at Gorin Newsletter Sign-Up | Thompson Coburn LLP), see parts:

III.B.1.b. Transfers for Insufficient Consideration, Including Restructuring Businesses or Trusts, which, including its related subparts, generally covers gift/estate/GST implications; see discussion tying together the ideas of DiMarco and Reg. § 25.2511-1(g)(2).
II.J.18. Trust Divisions, Mergers, and Commutations; Decanting, and its subparts, especially:
- II.J.18.d. Trust Commutations
- II.J.18.f. Commutation vs Mere Division
III.B.1.d. Generation-Skipping Transfer (GST) Issues, especially subpart III.B.1.d.i. Effect of “Additions” on Grandfathering from GST Rules

III.B.1.e.ii Valuing a Beneficial Interest in a Trust

The session on ethics provides a good overview.

Steve

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