1991]
INTER VIVOS TRUST INSTRUMENTS
255
thored by non-lawyers, vary in quality and have significant limitations.
They are not usually prepared with any particular state's law in mind
and may thus unintentionally deceive a user concerning the validity and
effect of any document executed using the supplied forms and following
the recommended execution procedures. In addition, the motivating
force behind these publications is profit, not a desire to provide individuals with the best possible trust. As a result, the forms and accompanying
explanations are usually designed to look official or legal and to sell, not
to convey the information truly needed by the consumer.
State legislatures are in a position to take aggressive steps to benefit
their constituencies by enacting statutory inter vivos trust forms. A statutory trust form would provide a better method for people to exercise
self-help than commercial publications. Prior to enactment, a statutory
inter vivos trust form would be meticulously drafted and studied by attorneys, judges, law professors, and legislators well-versed in the intricacies of trust law. After enactment, the bar and legislature can track form
usage and continue to revise the form to improve ease of use, understandability, and predictability of results.
The legislature of each state must give serious consideration to the
enactment of a statutory inter vivos trust form. Admittedly, statutory
forms are subject to valid criticisms and experience may show that their
enactment is ill-advised. Until that time arrives, however, a statutory
form is likely to serve the public's interest far better than forms prepared
by the profit-oriented business community.
HeinOnline -- 32 S. Tex. L. Rev. 255 1990-1991