Trustee Distribution Discretion: Lessons From Litigation

In her recent article for GGI Global Alliance, Robin Maher examines recent trust and estate litigation to ascertain what information trustees may — or must — consider in making distribution decisions. This article covers:

• When trustees should consider outside facts beyond the trust instrument in determining appropriate distributions.

• When trustees are permitted to require financial disclosures from beneficiaries.

• When trustee has a duty to conduct an investigation to determine a beneficiary’s support needs.

• The deference courts give to the trustee in making discretionary decisions.

Read the full article here.