The Ongoing March of Breach of Duty Claims and How to Protect Against Them
The roles of beneficiary and fiduciary by their inherent nature have the potential to engender conflict. Over recent decades, this conflict has been exacerbated by increasing demands of beneficiaries and expanded theories of fiduciary liability flowing in part simply from the more litigious nature of society and in part from changes in trust law generally tilting toward enhancing the rights of beneficiaries.
This teleconference will address the following themes:
- Always the most common sources of friction: distributions and investments
- Design and use of governing instrument provisions to insulate the fiduciary
- Effect of reliance on counsel by fiduciary
- Effect of waiver and/or consent and/or receipt of accountings by beneficiariess