Netflix's popular reality show, "The Trust: A Game of Greed," has captivated a large audience, sparking conversations far beyond its entertainment value. The "from all walks of life" cast competes for a lump sum, intriguingly mirroring complexities that can arise in real-life estate planning. This competition, fierce and often dramatized for the screen, sheds light on the emotional and financial turbulence that can occur when multiple heirs are battling over an estate—turning what should be a time of mourning and reflection into a battleground of wills. In this guide, we delve into the world of Trusts and estates, examining how "The Trust" reflects realistic scenarios that can arise during estate planning. We will also provide our top tips on how you can design your estate plan to promote harmony, and prevent strife, amongst your lived ones so that you can leave the gripping conflicts and toxic twists within the confines of the television screen.
The Trust: What is it About?
In "The Trust: A Game of Greed", the game rules are deceptively straightforward. Eleven strangers are brought together to live in a luxurious seaside villa, with a collective prize of $250,000. Each of the eleven contestants are named as recipients of a Trust holding this money. If they make it to the end of the competition without voting anyone out, then they simply get to split the money evenly. If you do the math, that's roughly $23,000 per person. Some would argue that isn't bad for getting to hang out in a luxury villa with new friends on television. Others would say that's not a lot of money.
The participants face a moral dilemma: to evenly split the money or to eliminate each other in a bid for a greater share. During designated intervals, a vote is held where any contestant can be ousted, even by a single vote—a strategy that adds a defensive layer to voting. As the game progresses, team-based challenges offer chances to add funds to the collective pot, while deals tempt players with the option to secretly extract money for their own benefit.
Over the course of the series, participants engage in challenges designed to test their wit, determination, and understanding of the deceased's values – all while navigating the twists and turns.
A Forced Ending? (Spoiler Alert!)
As the title suggests, the cast mates won't all make it to the end together. That would make for a boring series.
Eventually, twists and turns to the game bring about too many enticements to resist, and the cast members vote out a player as soon as the first voting ceremony. How does the game pan out?
Critics agree that the ending of the show is too forced and thus scripted.
"The Trust is edited to ensure that viewers come out believing in a meritocracy where every individual comes in—to a reality show or, presumably, to life—as an equal and goes away with the reward they’ve earned solely through their actions," writes Judy Berman for Time Magazine.
We won't name specifics in case you are planning to watch the show, but several adversaries manage to "pull through" at the end to share the prize for equal shares. Granted, these shares are much larger than what they started out with at the beginning of the competition.
Estate Planning Facts vs. Fiction: The Trust
"The Trust" weaves a narrative through themes of trust and betrayal. The basis of the game is built around an estate planning concept of a Trust document that names recipients who are entitled to a lump sum of money. How they intended to divvy up the wealth is left up to the recipients.
Here, it's worth dissecting the legalities of themes that are portrayed in the competition. How much of what we see align with actual legal procedures involved in Wills, Trusts, and inheritances? These next two sections will analyze which aspects of the show are legally plausible, as well as which ones are misrepresented or straight up inaccurate. Keep reading to find out what the competition gets right and wrong.
Checks Out
The show has an intricate plot that intertwines fictitious themes with elements that are rooted in real-world estate planning. Viewers may be interested to learn that while the show may seem overly dramatic, certain aspects actually are legally sound. Here are some examples that appear legally feasible, giving viewers some clues as to how estate planning can function in real life:
A Trust with a large sum of money: Creating a Trust with a designated sum of money to be managed for specific purposes is a common and realistic estate planning strategy. It allows for control over assets, offering a legal mechanism to dictate how and when funds are distributed to Beneficiaries.
The naming of recipients: Designating Beneficiaries is a fundamental element of creating a Trust. "The Trust" accurately portrays this concept by naming each of the contestants who all stand to receive assets, mirroring how Beneficiaries would be stipulated in a legal document.
Instructions on how the money of the Trust should be divided: The inclusion of specific instructions for asset division is a key feature of many Trusts. It ensures that the Grantor's wishes are carried out precisely, a fact that the show touches upon correctly in various scenarios.
The host as the Trustee: It could be argued that the host's role in "The Trust" reflects the responsibilities of a Trustee. In the real world, a Trustee manages and enforces the rules of the Trust, just as the host oversees the game's progress and the adherence to its rules, ensuring that the Trust’s instructions are executed properly.
Factually Inaccurate
Despite the legal accuracies sprinkled throughout "The Trust," the show entertains several dramatized elements that distort the true nature of estate planning. Below, we delve into the themes where fiction diverges from fact, and where legality becomes creative license.
Beneficiaries competing for funds: In the real world, Beneficiaries don't typically compete for their share of Trust funds. Trusts are legal agreements where the distribution of assets is predetermined by the Grantor and not left to be contested by the Beneficiaries, as is dramatized in the show.
Public disclosure of the beneficiaries: Typically, details about the Beneficiaries and their shares are handled with high confidentiality. Unlike in "The Trust," where contestants are openly declared, in reality, revealing such sensitive information could lead to unnecessary conflict and security issues.
Beneficiaries self-determining asset division: It is not legally feasible for Beneficiaries to decide amongst themselves how a Trust's assets will be divided. This contradicts the essential function of a Trust, which is to have the distribution terms clearly laid out by the Grantor well in advance.
Manipulating a Trust for personal gain: Any hint of manipulating Trust funds for the personal gain of parties involved—especially in the capacity that "The Trust" frames it—is not only unfeasible but would likely constitute a breach of fiduciary duty, which could lead to serious legal consequences.
Can You Pit Beneficiaries Against Each other?
In the realm of estate law, the Grantor possesses a broad freedom in outlining the terms under which the Trust will operate. However, this flexibility does not extend to allowing the Grantor to instigate conflict between Beneficiaries in a manner akin to “The Trust” type of game. Trusts are key instruments for estate planning, providing a specific and legally-binding approach to asset distribution that is based on the Grantor's explicit instructions, ensuring fairness and clarity in the transfer of assets.
Legal and ethical constraints would make it highly improbable for a Trust to be purposefully designed to pit Beneficiaries against each other to expose traits such as greed or cooperation. Such conditions could be challenged in court for reasons such as contradicting legal precedence, creating conditions that could put the estate value at risk, or creating undue influence. Beneficiaries subjected to such terms might contest the Trust, arguing that it violates principles of fiduciary duty or constitutes an unreasonable restraint on the disposition of the property.
Further, Trust law aims to protect the interests of the Beneficiaries and promote the intent of the Grantor within the legal framework. Introduction of competitive or game-like elements undermines the intrinsic purpose of a Trust and creates toxic conditions that serve no real purpose or even might result in harm. That said, a Grantor might encourage certain behaviors posthumously through incentives in a Trust, but these too must be within the boundaries of the law and should not encourage illegal or unethical actions.
How to Leverage Proper Estate Planning to Create Harmony, not Strife
Opposite to the plot of Netflix's "The Trust," individuals in the real world should know that you can create your estate planning to promote harmony and avoid family strife. To ensure harmony amongst your Beneficiaries, it is helpful to communicate clearly and involve family members in the planning process. Doing so can help to manage expectations and alleviate potential conflicts that could take place after you pass away.
A well-drafted estate plan should reflect your values and wishes while considering the Beneficiaries' needs and circumstances. This often entails the fair, rather than equal, distribution of assets. This can prevent the feeling of favoritism, which is a common root of disputes. Moreover, the appointment of a neutral and trustworthy Trustee or Executor can help mitigate any perceived biases and ensure that your intentions are fulfilled as stipulated.
Here are some of our top tips for estate planning in a way that keeps your loved ones in mind:
Communicate early and often: Keep your loved ones informed about your estate planning intentions and listen to their concerns.
Be fair in asset distribution: Consider the individual needs and circumstances of each Beneficiary when allocating assets.
Update your plan regularly: Life changes, and so should your estate plan to reflect new circumstances and relationships.
Appoint a neutral party as Trustee or Executor: Choose an impartial individual or institution to carry out your Will and/or Trust, which can help prevent accusations of bias or foul play.
Consult with a professional: Work with professionals to create a solid plan that aligns with current laws and best practices.
For further guidance and to avoid family strife that is often caused by the lack of or improper estate planning, visit How to Avoid Family Estate Battles.
This guide highlights the importance of thoughtful estate planning to help minimize the risk of family infighting over inheritances. Transparency through frequent communication, the fair allocation of assets, regular updates to the estate plan, and hand-selecting a trusted fiduciary are all a part of the estate planning journey that can provide you with peace of mind.
With these tips in mind, know that you can absolutely create an estate plan that both honors your wishes while maintaining balanced dynamics amongst your loved ones, and also to reduce the risk of infighting after you pass away. Be sure to visit our Learn Center to explore our educational library on estate planning and get insightful information and strategic approaches.
Ready to take the first step towards peace of mind for you and your loved ones? Visit Trust & Will today to discover how intuitive and straightforward it is to begin your estate planning online. With our guided process, you can start creating a plan that's tailored to your unique situation and needs, ensuring your legacy is preserved exactly as you wish. Don't leave it to chance—begin your journey to a well-crafted estate plan now.
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