Charles E. Rounds, Jr. - Suffolk University Law School

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Boston, MA 02108-4977, United States
Phone: 617-573-8185
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Settlors of trust terms of which were affected by a mistake of law unsuccessfully brought a Uniform Trust Code §412 petition to terminate, though a §415 petition to reform perversely would have had a better chance of effecting a termination

This posting is about In Matter of Peterson Family Irrevocable Trust, 333 A.3d 453 (Penn. Super. 2025) and the general unawareness that apparently prevailed in the litigation of a relevant and critical provision of… more
 /  Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning

When trustee’s unauthorized self-dealing causes no direct harm to trust corpus can trustee still be surcharged?

Profit narrowly defined is total revenue minus total expenses, i.e., net gain. Profit broadly defined is merely a synonym for benefit. When a trustee’s unauthorized self-dealing directly harms the trust estate, the trustee is… more
 /  Civil Remedies, Wills, Trusts, & Estate Planning

Employing a trust-law hypothetical to illustrate the universal preliminary injunction’s incompatibility with equity doctrine that was flagged in Trump v. CASA

A federal trial judge in the course of adjudicating a controversy temporarily enjoins nationwide enforcement of a law. The universal preliminary injunction (UPI), however, is incompatible with the Anglo-American legal tradition… more
 /  Civil Procedure, Civil Remedies, Constitutional Law, Wills, Trusts, & Estate Planning

An action brought by a trust beneficiary to remedy a breach of fiduciary duty ought not to trigger the trust’s in-terrorem clause, assuming there is one, unless brought in bad faith

A court should not enforce a trust in terrorem clause if its enforcement under the particular facts and circumstances would frustrate settlor intent. Assuming that the settlor intended to impress a trust upon the property, not… more
 /  Business Torts, Civil Remedies, Law Practice Products & Services, Wills, Trusts, & Estate Planning

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary from… more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Wills, Trusts, & Estate Planning

Fiduciary Litigators Beware: the Overlapping Coverage of the Uniform Trust Code and the Uniform Prudent Management of Institutional Funds Act is Muddling Standing Jurisprudence

Some administered charitable gifts may qualify as “charitable trusts” under the Uniform Trust Code (UTC) and as “institutional funds” under the Uniform Prudent Management of Institutional Funds Act (UPMIFA). An “institutional… more
 /  Business Organizations, Civil Procedure, Nonprofit Law, Professional Malpractice, Wills, Trusts, & Estate Planning

To Lawyers Who Refer Clients to Estate-Planning Attorneys Who Act as Professional Trustees: Beware the Uniform Trust Code’s Independent-Counsel Liability Trap

Consider the lawyer who lacks a working familiarity with trusts, and with estate planning generally. He prudently and ethically refers a client in need of an estate plan to a well-respected lawyer who also happens also to be in… more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Professional Malpractice, Wills, Trusts, & Estate Planning

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the… more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Wills, Trusts, & Estate Planning

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act is Not Advised

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.” That… more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Wills, Trusts, & Estate Planning

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the complexities… more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Professional Malpractice, Wills, Trusts, & Estate Planning

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The Fiduciary Considerations

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the part… more
 /  Commercial Law & Contracts, Family Law, Finance & Banking, Professional Malpractice, Wills, Trusts, & Estate Planning

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that there is no judicial remedy?

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s… more
 /  Civil Remedies, Commercial Law & Contracts, Constitutional Law, Professional Malpractice, Wills, Trusts, & Estate Planning

When virtual representation is not an option in trust-reformation litigation

In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose… more
 /  Civil Procedure, Commercial Law & Contracts, Constitutional Law, Family Law, Wills, Trusts, & Estate Planning

Legislative appropriations that are deceptively marketed as trusts: The sagas of the Federal Social Security Trust Fund and South Carolina’s Education Scholarship Trust Fund

Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions… more
 /  Constitutional Law, Education Law, Wills, Trusts, & Estate Planning

When the centerpiece of a trustee’s defense in a breach-of-fiduciary-duty action is an empty file cabinet and a general lack of recall

An incident of the trustee’s duty to be generally prudent, to account (or report) to beneficiaries, and to refrain from breaches of the duty of undivided loyalty, such as engaging in unauthorized self-dealing, is the trustee’s… more
 /  Civil Procedure, Family Law, Wills, Trusts, & Estate Planning
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