The workflow is designed to move from a standard distribution (outright) to a protected distribution (trust) based on these three pillars:
Management Concern: * Question: "Am I concerned about my descendants being able to manage [the assets]?"
If answering: Yes. This establishes that a protective structure is necessary because the user does not want the assets handed over without oversight.
Scope of Concern (Age vs. Maturity): * Question: "Is age the only reason why I’m concerned?"
If answering: Yes (or No, depending on the desired trust duration).
Power of Appointment (Giving Away Assets): * Question: "Am I concerned about my descendants being able to give away assets?"
If answering: Yes. This addresses "Power of Appointment." If the user wants to restrict the descendant from redirecting the inheritance to someone outside the bloodline (like a spouse or a third party), this "Yes" solidifies the need for a TFD.
Summary of the Path to TFD
Question | Required Answer to Trigger TFD | Result |
Concerned about management? | Yes | Moves away from outright distribution. |
Age the only concern? | Yes/No | Helps to determine the desire to include the duration of the TFD. |
Concerned about them giving it away? | Yes | Determines desire to address the 'Power of Appointment' in the TFD. |
Important Note for the Workflow: If a user answers "No" to being concerned about management, the workflow will typically default to an "Outright Distribution," meaning the heirs receive the assets directly with no trust involved. The TFD is only introduced once the user expresses a lack of confidence in the heirs' ability to manage or protect the assets independently.