Tax, Trusts & Estates

The Section represents the full spectrum of clients including closely held businesses and their owners, major corporations, corporate executives, family foundations, corporate and individual fiduciaries, individuals and public charities. Many of our tax and estate planning client’s concerns are tied to other non-tax areas.  With the support of leading Delaware practitioners in non-tax areas, the Section is able to provide full service, efficient, cross-disciplinary counsel in a number of other areas including, among others, corporate law, exempt organizations, employment law, litigation and alternative dispute resolution, finance and securities and real estate, including land use and environmental matters. 

The wide range of tax matters including the representation of entities and their owners includes entity formation, shareholder agreements, business organization, sales, exchanges, mergers, and acquisitions. The practice provides estate administration and representation before the IRS and state and local taxing authorities, and the Register of Wills.  The practice represents individuals in the creation of trusts and wills for intergenerational asset management and planning.  The Section’s attorneys have substantial experience with sophisticated estate planning structures, including defective grantor trust planning, irrevocable life insurance trusts (ILITs), GRATs, family limited liability companies and partnerships, and other structures to minimize wealth transfer and income taxes.  The practice also advises businesses in Delaware with establishing, monitoring, and administering employee benefit plans, including defined benefit plans, 401(k) profit sharing plans, new comparability retirement plans, nonqualified deferred compensation, health, disability and life benefits, ACA, COBRA, HIPAA, ADA and ADEA.

The Section has substantial experience representing Delaware institutional trustees in a wide array of matters, including: trust reviews, trust form drafting, transfers of trust situs, merger, decanting, non-judicial settlement agreements, DING trusts, Delaware asset protection trusts, Delaware dynasty trusts, Delaware directed trusts and other sophisticated estate planning structures.  Moreover, the Section routinely partners with the firm’s nationally regarded team of litigators to assist its clients with trust litigation, will contests, contested petitions and other litigation matters.