Charles E. Rounds, Jr. – Suffolk University Law School

120 Tremont St.
Boston, MA 02108-4977, United States

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The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such account…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection, Professional Malpractice, Wills, Trusts, & Estate Planning

Does the settlor of a trust have standing to seek its enforcement in the courts?

As a general rule, any beneficiary of a trust would have standing to seek its enforcement in the courts. The Restatement (Third) of Trusts is sending mixed signals as to whether the settlor of a trust, qua settlor, would have…more
| Civil Procedure, Civil Remedies, Family Law, Taxation, Wills, Trusts, & Estate Planning

The confusion being engendered by the Uniform Trust Code’s default trust-revocation methodologies (§ 602(c)).

In the pre-Uniform Trust Code UTC), unless the terms of a revocable inter vivos trust provided otherwise, the trust could not have been revoked by the settlor’s will. A will speaks at the time of the testator’s death, an event…more
| Family Law, Professional Malpractice, Securities Law, Taxation, Wills, Trusts, & Estate Planning

Is a quiet (silent) trust illusory?

Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust that,…more
| Business Organizations, Family Law, Insurance, Taxation, Wills, Trusts, & Estate Planning

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for his breaches of trust?

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of, and…more
| Civil Procedure, Civil Remedies, Family Law, Wills, Trusts, & Estate Planning, Nonprofit Law

Why infect the law of trusts with good faith doctrine?

The law’s good faith principle has traditionally regulated legal relationships, such as the contractual relationship. Equity’s more intense fiduciary principle has generally regulated equitable relationships, such as the…more
| Business Organizations, Commercial Law & Contracts, Business Torts, Securities Law, Wills, Trusts, & Estate Planning

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14…more
| Administrative Law, Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning, Nonprofit Law

The charitable corporation: A trust in disguise?

The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses. The…more
| Business Organizations, Family Law, Taxation, Wills, Trusts, & Estate Planning, Nonprofit Law

The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A Trustee’s…more
| Civil Remedies, Family Law, Professional Malpractice, Taxation, Wills, Trusts, & Estate Planning

The Uniform Trust Code’s stealth attack on the Trustee’s time-honored duty to defend his trust

One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in the…more
| Civil Remedies, Family Law, Professional Malpractice, Wills, Trusts, & Estate Planning, Nonprofit Law

Discerning the true settlor of a trust

The person designated in the terms of a trust as its settlor (creator) may not necessarily be its true settlor (creator). Appearances are often deceiving in the world of the trust. Charles E. Rounds, Jr. explains in §8.43 of…more
| Civil Remedies, Family Law, Securities Law, Taxation, Wills, Trusts, & Estate Planning

A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses) until an unspecified time after the death of the testator-settlor.

Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A…more
| Civil Remedies, Professional Malpractice, Real Estate - Residential, Taxation, Wills, Trusts, & Estate Planning

The trust decanting statutes: Nuisances that should be repealed.

Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to…more
| Administrative Law, Conflict of Laws, Family Law, Taxation, Wills, Trusts, & Estate Planning

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections In was in the course of preparing the 2013 edition of Loring and Rounds:…more
| Finance & Banking, Family Law, Professional Malpractice, Taxation, Wills, Trusts, & Estate Planning

May the Trustee’s Personal Debt to the Trust Owed as a Result of a Breach of Trust be Discharged in Bankruptcy?

The U.S. Bankruptcy Code provides that a personal debt is not dischargeable if the debt had been occasioned by the debtor’s defalcation while acting in a fiduciary capacity. Courts of appeals had long disagreed about the mental…more
| Administrative Law, Bankruptcy, Business Organizations, Civil Remedies, Wills, Trusts, & Estate Planning
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