They can be. Here is why. What is a private Trust? It is a trust based on common law. It is not based on statutory authority for formation requirements and is made up of a series of contracts – comprising of input and output-based contracts for each transaction and endeavor, to include trustee correspondence to any named beneficiaries and any business interactions. Non-beneficiaries or business-related persons receive a simple notice about the existence of a trust and if they elect to interact with the private trust, the Trust's terms & conditions bind them. Because it is a contract, it is private (only contract parties can sue the trust on these terms, and only if there is a dispute); lawsuits or attempts to sue a contract by a party not expressly named are rendered almost impossible and looks legally ridiculous. It is recommended when using this system to implement “smart contracting”. Tribal Consultants understand and can assist in your smart investment strategy and preservation of estate resources.
Besides, what needs to be generally drafted in the language of the Trust Agreement, it is important to state the terms of the Trust are not reviewable by any judge or court of law, and acts as an additional barrier to third-party attempts to breach the contract-driven Trust. The right to contract is protected under the U.S. Constitution, Article I, Section 10, Clause 1. It is worthy of noting that “the Tenth Amendment ought to protect popular sovereignty — as it protects state sovereignty — by serving as a source for robust judicial review of federal and state laws that infringe on popular sovereignty” and as more people create functional autonomous PODS or trust units, this additional argument based on the 10th Amendment can benefit you just like the ultra-wealthy know all too well. Tyranny and undue tolerance of tyranny in many states and federal levels are hurting democratic processes (including infringement on voters and voting rights).[1]
“The Contract Clause provides that no state may pass a “Law impairing the Obligation of Contracts,” and a “law” in this context has been interpreted as a statute, constitutional provision, municipal ordinance, or administrative regulation having the force and operation of a statute.” The reader should see how the U.S. Constitution does apply. There are no limitations on your rights to contract and is foundational in commerce and commercial endeavors.
As long as the intention of a contract is not illegal (such as avoiding taxation), no Court in its judicial role may impede contracts either. Consider William Bingham who was a witness to the signing of the Declaration of Independence and once owned substantial land holdings, including most of what is now known as Maine and West Pennsylvania. Bingham died in 1804 but his Trust associated with his last will was not liquidated until 1964.[2] Bingham was considered to be one of the wealthiest men of his time. Bingham wrote his Trust to be a common law irrevocable trust to further his desire to retain his real property interests, despite the fact the common law rule against perpetuities would otherwise have been violated (or assumed violated). [3]
It turns out that Mr. Bingham’s private contract trust terminated over 160 years later because the (private) Board of Trustees had sold – over time – the trust’s property. The purpose of Bingham’s trust wound down once all the property and sole purpose ceased to exist. After researching this matter, I have concluded that Mr. Bingham carved out the Rule against Perpetuities by contract, and in theory, the trust could have been maintained in perpetuity with some special contract provisions IF THEY HAD BEEN ADDED AT THE TIME OF DRAFTING or under some other special contractual provisions that would leave a “range of discretion” to the Trustees.
MISSION GOAL: Helen improved upon a concept that ensures civil rights, and represents a system of integration and a real paradigm change. It fits within the U.S. and international legal framework (the inherent right to contract) to combine them all under one private trust document(s) to become a nearly autonomous entity. It is a concept that is fluid among jurisdictions and can become a subsystem of recognition through the implementation of these PODS or epicenters and mutual communication through
OTHER BENEFITS: Private Contracts allow for the adoption and use of a unique alternate Dispute Resolution in your Trust, known as the Private Administrative Process. The private administrative process utilizes a Notary Public as a witness, and itself is based on contract theory. It is evidence-based dispute resolution and tends to quickly resolve the issue or result in the Notary Public issuing a Certificate of Administrative Judgement, or CAJ in approximately forty-five days. The CAJ is definite and can be filed in a traditional court of law under Federal Rules of Civil Procedure 9(d). A judge is limited in his or her review of the process itself (e.g. to ensure sufficient time was allotted for due process). That is in theory since traditional judges are always considered a “wild card”. There are no guarantees made herein, but there are strategies to minimize most risks and liabilities. The purchaser of education and document assistance will receive information in writing, be coached during the process of drafting, and can purchase additional time for consult over the phone if, at a later date, there are specific questions that should arise. You can start making arrangements here.
[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3198398 to view: Or to the People: Popular Sovereignty and the Power to Choose a Government by Elizabeth Reese University of Chicago School of Law. [2] https://gilbertstuart.blogspot.com/2011/08/bingham-estate-is-finally-liquidated-in.html [3] The rule against perpetuities states that trusts and in particular statutory trusts must dissolve within anyone's lifetime who is named plus 21 years. Under a pure contract trust, this rule can be contractually avoided, as Bingham’s example demonstrates.
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