News & Analysis as of

Beneficiaries Trustees Breach of Trust

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

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate...

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate the law of trusts. A court that is saddled with sorting out the rights, duties and obligations...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

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

“Clearing” the constructive trustee’s legal title: The doctrinal and practical considerations

The court in Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, 672 S.W.3d 391 (Tex. 2023) explained that “constructive trusts, being remedial in character, have the very broad function of redressing wrong or...more

Conyers

Missing Beneficiaries: The Importance of making well documented inquiries

Conyers on

Robert Lindley and Wesley O’Brien provide a step-by-step guide to dealing with missing or uncooperative beneficiaries - It will be important for the trustee to be capable of demonstrating that it has made sufficient...more

Downey Brand LLP

California Courts Can Excuse Trustee Who Acts in Good Faith

Downey Brand LLP on

A California trustee can be excused from liability for breaches of trust if a judge determines that it would be equitable to do so. We see many situations where a family member trustee strays from the requirements of the...more

McGuireWoods LLP

Maryland Enacts New Statute of Limitations for Breach-of-Trust Actions

McGuireWoods LLP on

Effective Oct. 1, 2018, Maryland enacted a one-year statute of limitations for most breach-of-trust actions. To trigger the one-year limitations period, however, trustees must provide certain information to beneficiaries....more

Downey Brand LLP

Fore! California Court Drives Away Claim that Trustee’s Attorney Breached Trust

Downey Brand LLP on

When attorneys advise errant trustees, how vulnerable are they to breach of trust claims by injured beneficiaries? A case published last week by the California Court of Appeal provides a defensive roadmap to attorneys who are...more

Downey Brand LLP

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

Downey Brand LLP on

The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had...more

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