Many jurisdictions across the world, including the United States, Canada, and Australia, increasingly view trusts as entities rather than under the traditional common law conception of the trust as a fiduciary relationship. As the author puts it, “The US trend described above reflects a casual entification of trusts, a result of many jurists’ familiarity and comfort with entities.” The article is not just descriptive. It asks whether treating trusts as legal persons would actually improve the law in some contexts. The Murdoch family trust, which the New York Times reported as having equity and a board, is one example of how far trust practice can move in that direction. Worth reading.
Hofri-Winogradow, Adam S., Should Trusts Be Legal Persons? (March 15, 2026). forthcoming in the McGill Law Journal, volume 72 (2027)., Available at SSRN: https://ssrn.com/abstract=6424038