US-situs foundations

Abstract

In the United States, two states that have been at the vanguard of developing and enacting modern trust laws—New Hampshire and Wyoming—have recently enacted laws allowing foundations. For families seeking a US-situs foundation, both states provide similar, well-developed statutory regimes for foundations. The statutes have many common elements. One such element is the flexibility that families have when designing foundations. While that flexibility should enable most families to achieve their objectives in either state, some families may find that one state’s statutory regime is better suited to their particular situation and objectives. The present article presents the reader with a detailed comparative outline of the New Hampshire and Wyoming foundation laws.