News & Analysis as of

Fiduciary Duty Trustees Investment Management

Walkers

Trustees, ESG and Investments – key considerations

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As global attention sharpens on climate change and social justice issues, sustainability and responsible governance are increasingly becoming higher priorities for 'Millennial' and 'Gen Z' Beneficiaries....more

Mandelbaum Barrett PC

Protecting the Future: Why the Right Investment Advisor Matters for Special Needs Trusts

Mandelbaum Barrett PC on

Managing a Special Needs Trust (SNT) comes with tremendous responsibility. Trustees are not only tasked with safeguarding the financial future of a beneficiary with special needs, but they must also ensure that trust assets...more

Fox Rothschild LLP

How Pennsylvania's New Directed Trust Act Will Affect Corporate Trustees

Fox Rothschild LLP on

Now that Pennsylvania recognizes directed trusts, corporate fiduciaries should be aware that sharing trust responsibilities could create both legal liability and administrative burdens. The law, which went into effect late...more

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

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

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...more

Offit Kurman

Prudent Investing in Uncertain Economic Conditions

Offit Kurman on

The Prudent Investor Rule is a legal principal that requires fiduciaries to act in the best interests of a beneficiary and exercise reasonable care, skill, and caution when making investment decisions, which was codified in...more

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

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

Conyers

Trustee's Duty and Anti-Bartlett Clauses - The Ivanishvilli Redux

Conyers on

Just when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank (Hong Kong) Ltd [2019] along comes Ivanishvilli v. Credit Suisse Trust Ltd [2023]...more

Seward & Kissel LLP

Action Steps for Managers of Private Investment Funds Subject to ERISA Prior to December 1, 2023 to Address the DOL’s Rule...

Seward & Kissel LLP on

If you manage a private investment fund that is subject to Title I of ERISA and is not a feeder fund (an “ERISA Fund”), you should, before December 1, 2023, take the steps described below in order to comply with the DOL’s...more

Woodruff Sawyer

Betwixt and Between: How Trustees Can Navigate a Volatile Market

Woodruff Sawyer on

So far, 2022 has been a rough year for portfolio management. The war in Ukraine, China’s zero tolerance for COVID-19, 40-year inflation highs, and rising interest rates have created significant market volatility....more

Quarles & Brady LLP

The New Florida Directed Trust Act

Quarles & Brady LLP on

Florida recently enacted its version of the Uniform Directed Trust Act, which authorizes someone other than the Trustee (referred to as a Trust Director) to direct the Trustee to act or not to act. Florida is 1 of 15 states...more

Rivkin Radler LLP

Trustees, Under Pressure from Beneficiaries Affected by COVID-19, Face Legal Risks

Rivkin Radler LLP on

For many Trustees, the current economic environment is probably the most challenging they have ever faced. As the coronavirus epidemic sweeps across the country and throughout much of the world, the stock markets have...more

Holland & Hart LLP

A Prudent Investor Reminder

Holland & Hart LLP on

Over the last several weeks, financial markets have seen some of the largest swings in history, and as a result, fiduciaries have seen dramatic shifts in the value of trust investments. Accordingly, fiduciaries should take a...more

McDermott Will & Emery

Illinois Enacts New Trust Code: What Fiduciaries Need to Know

McDermott Will & Emery on

Effective January 1, 2020, the new Illinois Trust Code (ITC) will replace the Illinois Trusts and Trustees Act, ushering in several changes of note for fiduciaries. In light of the ITC, fiduciaries and estate planners should...more

Chambliss, Bahner & Stophel, P.C.

A Brief Overview of a Trustee's Duties

If you have been appointed the trustee of a trust, it is a strong vote of confidence in your judgment and trustworthiness. It is also a major responsibility. A trust is a legal arrangement through which one person (or an...more

Chambliss, Bahner & Stophel, P.C.

The Top Five Responsibilities of a Trustee of a Special Needs Trust

If you are considering taking on the responsibility of serving as the trustee of a special needs trust, you will probably have questions about the trustee's role. Trustees of special needs trusts have many important...more

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