16-Apr-18
Trustee’s Duty of Impartiality vs. Ability to Decant – Where to Draw the Line?
Take-Away: There is a tension between the trustee’s duty to treat trust beneficiaries impartially and the trustee’s power to decant the trust assets to a new trust to remove trust beneficiaries or curtail the rights of existing trust beneficiaries under an trust. Balancing that fiduciary duty of impartiality with the exercise of the trustee’s statutory […]
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