The Uniform Trust Code and the Restatement (Third) of Trusts both follow the presumption that trust beneficiaries should be generally kept aware of the existence of the trust, their status as beneficiaries, and their right to...more
Estate planners work hard to set up estate and wealth transfer plans that fit a client’s needs and ensure that everything works together for the client. Unfortunately, as the client’s situation changes, they often don’t...more
There has been considerable discussion regarding including arbitration clauses in estate planning documents over recent years. Some estate and trust attorneys are actively pushing for the inclusion of such clauses. Recently,...more
2/12/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Beneficiaries ,
Estate Planning ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Revocable Trusts ,
Trust Amendments ,
Trustees ,
Trusts ,
Undue Influence Claims ,
Validity
Individual trustees often fail to fulfill the duties imposed on trustees, not only by the trust instrument, by also by the trust statutes applicable in the jurisdiction. It is often the case that the individual trustee is a...more
No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust conditional upon not challenging the...more
It is very difficult for a trustee to have conflicts of interest without breaching the duty of loyalty. We typically think of trustee conflicts as they relate to self-dealing by the trustee, which is almost always a problem...more