News & Analysis as of

Trustees

Winstead PC

Court Affirmed An Order Removing A Trustee

Winstead PC on

In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin...more

Stark & Stark

Three Common Estate Planning Mistakes - and How to Avoid Them

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​​​​​​​Estate planning is a vital step in protecting your legacy and ensuring your loved ones are protected. Yet, many individuals unintentionally make mistakes that can lead to confusion, delays, and unnecessary expenses....more

Winstead PC

Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas

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The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title...more

J.S. Held

The Enforceability of Sovereign Awards from the Perspective of an Asset Tracer

J.S. Held on

When award creditors for investor-state arbitrations think of an asset tracer’s arsenal of tools for enforcement of their awards, they may immediately think of chasing assets held by the state such as high-value properties, a...more

A&O Shearman

UK Pensions: Joint DB and DC trustee agenda—August 2025

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Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

Troutman Pepper Locke

How Are Stakeholders Affected When a Case Converts From Chapter 11 to Chapter 7?

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The Bankruptcy Code provides that a debtor may voluntarily convert its case from Chapter 11 to Chapter 7 unless a Chapter 11 trustee has been appointed, the case was commenced involuntarily, or the case had previously been...more

Offit Kurman

When a Corporate Trustee May Be a Disadvantage for Your Trust

Offit Kurman on

Last month I explored the potential advantages of naming a corporate trustee, acknowledging that the decision is ultimately a matter of personal preference. In this second part of a two-part, “point-counterpoint”...more

Ius Laboris

Pensions on Divorce: Practical Hurdles and the Gender Pension Gap

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The UK pension sharing system often results in poor outcomes for divorced women due to its complexity and low uptake. Practical issues like timing delays, unresponsive ex-spouses, and fluctuating pension credit values further...more

Offit Kurman

Choosing a Trustee: Navigating the Complexities and Key Considerations

Offit Kurman on

In this episode of 'Trust Us,' Danielle Friedman, Max McCauley, and Herb Fineburg discuss the critical aspects of selecting a trustee. They cover common client questions, including who should be named as a trustee, the...more

Ius Laboris

Bringing the Future Into Focus: Boosting Pension Engagement in the UK

Ius Laboris on

With the shift to defined contribution schemes in the UK, employers play an increasingly crucial role in pension engagement. Through communication, education, and support, they can empower employees to make more informed and...more

A&O Shearman

UK Pensions: What’s new this week? July 7, 2025

A&O Shearman on

Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. FCA consultation on targeted support: relevance to...more

Schwabe, Williamson & Wyatt PC

Coordination Can Be Key in Corporate Governance and Estate Planning

Corporate lawyers and estate planning lawyers both play key, but different, roles in the success of business clients. Corporate attorneys typically help businesses choose the proper legal structure, navigate the complexities...more

Mayer Brown

The Pensions Brief: July 2025

Mayer Brown on

The government has also published a roadmap setting out its overarching aims for its reforms to workplace pensions as well as indicative timing for implementation of the Bill. The roadmap indicates that the reforms will come...more

Mayer Brown

UK Reforms to the Rules on Surplus Release From DB Pension Schemes

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AT A GLANCE - The government will make release of surplus from ongoing defined benefit (DB) pension schemes easier....more

A&O Shearman

UK Pensions in dispute - July 2025

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A scheme has been ordered to pay over GBP50,000 by the Pensions Ombudsman (TPO) for failure to pay lump sum death benefits within a two-year window set out in the scheme’s rules: CAS-66581-S4T8. The rules provided that...more

Gordon Rees Scully Mansukhani

Virginia’s Often Overlooked Accelerated Statute of Limitations in Breach of Trust Claims

Under Virginia law, when a party is considering filing a lawsuit, the most important thing to consider is whether or not the cause of action that is the basis for the lawsuit is time-barred. This is determined by the...more

Walkers

Trustees, ESG and Investments – key considerations

Walkers on

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

Farrell Fritz, P.C.

The Humble LLC Exculpation Clause Wins Big: Member/CEO Escapes $8M Fiduciary Claims

Farrell Fritz, P.C. on

It’s difficult to assess the potency of section 417(a) of New York’s LLC law.  The provision starts off with a seemingly broad rule: “The operating agreement may set forth a provision eliminating or limiting the personal...more

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

An action brought by a trust beneficiary to remedy a breach of fiduciary duty ought not to trigger the trust’s in-terrorem clause,...

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,...more

A&O Shearman

UK Pensions: Joint DB & DC trustee agenda update - July 2025

A&O Shearman on

Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

A&O Shearman

UK Pensions: What’s new this week? June 23, 2025

A&O Shearman on

Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. The Pensions Regulator (TPR) has published a speech setting...more

A&O Shearman

UK Pensions: DC trustee agenda update – July 2025

A&O Shearman on

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on your next...more

King & Spalding

Comparative Overview of Saudi and US Bankruptcy Laws

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Saudi Arabia's bankruptcy framework has undergone significant modernization in recent years, drawing heavily from the US Bankruptcy Code while incorporating unique features tailored to the Kingdom's regulatory and business...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 2 - June 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

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