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Contract analysis / letter-northgate-fiduciary-acceptance.docx
letter-northgate-fiduciary-acceptance.docx
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Medium · 3
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1. Background and Engagement Context
1. Background and Engagement Context Calderwood & Harkness LLP was engaged by Jonathan R. Caldwell on February 15, 2023, to design and implement a comprehensive generational estate plan structured to achieve the Grantor's principal objectives of tax-efficient wealth transfer, asset protection, and long-term stewardship for the benefit of his three children and their descendants. The planning engagement has been condu
2. Caldwell Family Dynasty Trust
Medium
⚑ Forum / governing law
2. Caldwell Family Dynasty Trust 2.1 Trust Agreement Details The first trust instrument for which we request Northgate's acceptance of appointment is the Caldwell Family Dynasty Trust. The principal terms and identifying details of this trust are as follows: Full Name: Caldwell Family Dynasty Trust Date of Execution: April 1, 2023 Grantor: Jonathan R. Caldwell Governing Law: State of Delaware Situs: State of Delaware
3. Caldwell Family Insurance Trust (ILIT)
High
⚑ Non-compete / exclusivity restraint
3. Caldwell Family Insurance Trust (ILIT) 3.1 Trust Agreement Details The second trust instrument for which we request Northgate's acceptance of appointment is the Caldwell Family Insurance Trust. The principal terms and identifying details of this trust are as follows: Full Name: Caldwell Family Insurance Trust Date of Execution: March 15, 2023 Grantor: Jonathan R. Caldwell Governing Law: State of Delaware Situs: St
4. Requested Actions
Medium
⚑ Assignment / subcontracting
4. Requested Actions In light of the foregoing, we respectfully request that Northgate Trust Company of Delaware undertake the following actions at its earliest convenience. 4.1 Formal Written Acceptance We request that Northgate execute and return formal written acceptance of its appointment in each of the following fiduciary capacities: (a) Institutional co-trustee of the Caldwell Family Dynasty Trust, in accordanc
5. Additional Context — GRAT Remainder Interests
5. Additional Context — GRAT Remainder Interests For completeness, and to provide Northgate with a comprehensive understanding of the asset flows that will ultimately come under its fiduciary stewardship, we set forth below a summary of the three Grantor Retained Annuity Trusts that will pour their remainder interests into the Caldwell Family Dynasty Trust upon termination of each GRAT's annuity term. (a) GRAT A — Ca
6. Enclosure List
6. Enclosure List The following twelve (12) documents are enclosed with this letter:
1. Caldwell Family Dynasty Trust — Trust Agreement (executed April 1, 2023) — original
1. Caldwell Family Dynasty Trust — Trust Agreement (executed April 1, 2023) — original
2. Caldwell Family Dynasty Trust — Schedule A (Initial Trust Property: $5,000,000 cash) —
2. Caldwell Family Dynasty Trust — Schedule A (Initial Trust Property: $5,000,000 cash) — original
3. Caldwell Family Dynasty Trust — Investment Policy Statement — copy
3. Caldwell Family Dynasty Trust — Investment Policy Statement — copy
4. Caldwell Family Dynasty Trust — Distribution Committee Operating Procedures — copy
4. Caldwell Family Dynasty Trust — Distribution Committee Operating Procedures — copy
5. Caldwell Family Dynasty Trust — Beneficiary Designation and Per Stirpes Schedule — cop
5. Caldwell Family Dynasty Trust — Beneficiary Designation and Per Stirpes Schedule — copy
6. Caldwell Family Dynasty Trust — Institutional Trustee Acceptance Form (for Northgate's
6. Caldwell Family Dynasty Trust — Institutional Trustee Acceptance Form (for Northgate's execution)
7. Caldwell Family Insurance Trust — Trust Agreement (executed March 15, 2023) — original
7. Caldwell Family Insurance Trust — Trust Agreement (executed March 15, 2023) — original
8. Caldwell Family Insurance Trust — Schedule A (Trust Property: Beacon Life Policy No. B
8. Caldwell Family Insurance Trust — Schedule A (Trust Property: Beacon Life Policy No. BLA-2023-77419) — original
9. Caldwell Family Insurance Trust — Assignment of Life Insurance Policy — executed origi
Medium
⚑ Assignment / subcontracting
9. Caldwell Family Insurance Trust — Assignment of Life Insurance Policy — executed original
10. Caldwell Family Insurance Trust — Form Crummey Withdrawal Notice — template
10. Caldwell Family Insurance Trust — Form Crummey Withdrawal Notice — template
11. Caldwell Family Insurance Trust — Annual Premium Funding Letter — template
11. Caldwell Family Insurance Trust — Annual Premium Funding Letter — template
12. Caldwell Family Insurance Trust — Trustee Acceptance Form (for Northgate's execution)
12. Caldwell Family Insurance Trust — Trustee Acceptance Form (for Northgate's execution)
7. Copies to Delaware Counsel
7. Copies to Delaware Counsel Please be advised that identical sets of all twelve enclosed documents are being sent simultaneously by hand delivery and electronic transmission to Margaret A. Colvin, Esq., Ridgewell & Thorn LLP, 1000 North King Street, Suite 300, Wilmington, DE 19801, for Northgate's independent review and for Ms. Colvin's analysis in her capacity as Delaware counsel to Northgate.
8. Request for Timely Response
8. Request for Timely Response We respectfully request that Northgate review, execute, and return the acceptance instruments at its earliest convenience. The overall estate plan implementation is proceeding on a compressed timeline through September 2023, with significant GRAT funding milestones occurring in April, May, and June of this year. As noted above, the Caldwell Family Dynasty Trust has already been funded w