¶ E01
Using the Forms
The forms. This appendix contains five complete instruments. Form E-1 is a directed dynasty trust agreement governed by Delaware or Wyoming law, with an investment adviser, a special holdings adviser, a distribution adviser and a trust protector. Form E-2 appoints a trust protector and records the appointee's acceptance. Form E-3 is a decanting instrument, with the notice that precedes it. Form E-4 is a nonjudicial settlement agreement. Form E-5 moves a trust to a new place of administration and governing law, with the notice to beneficiaries, the resignation of the old trustee and the acceptance of the new one. The forms are original to the treatise and illustrate the practice described in the chapters cited with each of them.
Conventions. Matters to be completed or chosen appear in square brackets, such as [NAME OF GRANTOR], [date] or [number]. Where Delaware and Wyoming law differ, the alternatives appear in brackets introduced by "Delaware:" and "Wyoming:", and the drafter keeps one. Optional provisions are enclosed in brackets and introduced by "Optional:". Each form recites the statutes on which it relies as they read in November 2026, and the drafter should confirm the current text before signing.
Relation to Appendix D. Form E-1 is assembled from the model clauses in Appendix D, shortened and conformed to one set of defined terms. The drafting note before each form names the clauses it draws on, so that a drafter who wants the fuller version of an article can substitute it (see supra app. D). The other forms are instruments made under a trust like Form E-1, and their defined terms follow it.
Execution. Each form ends with signature blocks and a place for an acknowledgment before a notary public. Banks, transfer agents and recording offices commonly ask for an acknowledged instrument, and an acknowledgment helps prove the instrument if it is later challenged. The drafter should use the form of acknowledgment of the place where each person signs.
Table of forms. Table E-1 lists the forms with their principal authority and the chapters in which their subjects are examined.
Table E-1. The forms in this appendix
| Form | Title | Principal authority | Discussed at |
|---|---|---|---|
| E-1 | Directed Trust Agreement | Del. Code Ann. tit. 12, §§ 3313, 3332; Wyo. Stat. Ann. §§ 4-10-710 to -718 | chs. 6–15, 22, 36, 46 |
| E-2 | Instrument of Appointment and Acceptance of Trust Protector | Del. Code Ann. tit. 12, §§ 3313(a), 3326; Wyo. Stat. Ann. §§ 4-10-710, -711, -714 | chs. 11–14 |
| E-3 | Decanting Instrument and Notice | Del. Code Ann. tit. 12, § 3528; Unif. Trust Decanting Act §§ 7, 10 | chs. 17, 18 |
| E-4 | Nonjudicial Settlement Agreement | Del. Code Ann. tit. 12, § 3338; Unif. Trust Code § 111; Wyo. Stat. Ann. § 4-10-111 | ch. 19 |
| E-5 | Change of Situs and Governing Law | Unif. Trust Code § 108; Wyo. Stat. Ann. § 4-10-108; Del. Code Ann. tit. 12, §§ 3332, 3340 | ch. 20 |