March 01, 2003

The UTC: Help for Beneficiaries and Their Attorneys (2003, 17:02)

The UTC: Help for Beneficiaries and Their Attorneys

Probate and Property, March/April 2003, Volume 17, Number 2

By Joseph Kartiganer and Raymond H. Young

Except for those few states that have comprehensive trust codes, statutory law in the United States pays little attention to the rights of beneficiaries, other than as the implied reciprocal of the duties of trustees. As a result, attorneys rarely have a comprehensive view of the status of beneficiaries in relation to the trust, the trustee, and the settlor. Except for those who regularly represent beneficiaries in disputes with trustees, few attorneys have a clear idea of certain fundamental concepts of trust law, particularly the concept that the trust must be administered solely for the benefit of the beneficiaries.  

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