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Exculpatory Clauses Trusts

Winstead PC

[Webinar] Financial Services - Litigating Self-Interested Transactions By Trustees - March 1st, 10:00 am - 11:00 am CT

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This presentation will address the various issues that arise when a trustee enters into a self-interested transaction with the trust. Among other issues, it will address the duty of loyalty, the presumption of unfairness,...more

Bressler, Amery & Ross, P.C.

Uses of Exculpatory Clauses in Wills and Trusts

In this podcast hosted by American College of Trust and Estate Counsel (ACTEC), Bressler’s Jordan Weitberg and ACTEC Fellow Travis Hayes discuss the use of exculpatory clauses in wills and trusts. Specific topics include the...more

Winstead PC

Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas - Presentation

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David F. Johnson presented his paper “Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas” to the Dallas Bar Association Probate, Trusts, and Estates Section on October 26,...more

Winstead PC

Fiduciary Litigation Update 2020-2021 - Presentation

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David Johnson presented his paper entitled “Fiduciary Litigation Update 2020-2021” to the Texas Bankers Association’s Wealth Management & Trust Conference on September 30, 2021. This presentation covered recent statutory...more

McDermott Will & Emery

Illinois Enacts New Trust Code: What Fiduciaries Need to Know

McDermott Will & Emery on

Effective January 1, 2020, the new Illinois Trust Code (ITC) will replace the Illinois Trusts and Trustees Act, ushering in several changes of note for fiduciaries. In light of the ITC, fiduciaries and estate planners should...more

Winstead PC

Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause

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In Kohlhausen v. Baxendale, the court affirmed a summary judgment for a trustee on the basis of an exculpatory clause in a trust document. No. 01-15-00901-CV, 2018 Tex. App. LEXIS 1828 (Tex. App.—Houston [1st Dist.] March 13,...more

Winstead PC

Exculpatory Clauses In Trust Documents Are “Somewhat” Enforceable In Texas

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It is common for settlors to execute trust documents that contain exculpatory clauses. An exculpatory clause is one that forgives the trustee for some action or inaction. For example, a common exculpatory clause may state...more

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