News & Analysis as of May 23, 2025

Third-Party › Uniform Trust Code

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When virtual representation is not an option in trust-reformation litigation

Charles E. Rounds, Jr. - Suffolk University... on 12/2/2024

In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate...

Charles E. Rounds, Jr. - Suffolk University... on 9/23/2024

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate the law of trusts. A court that is saddled with sorting out the rights, duties and obligations...more

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

Charles E. Rounds, Jr. - Suffolk University... on 6/17/2024

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

Charles E. Rounds, Jr. - Suffolk University... on 4/15/2024

A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...more

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Third-Party › Uniform Trust Code

When virtual representation is not an option in trust-reformation litigation

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

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