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Tilting the Litigation Playing Field under the Uniform Trust Code: The Availability of Temporary Injunctive Relief in Trustee Removal Actions

Trusts & Estates

Tilting the Litigation Playing Field under the Uniform Trust Code: The Availability of Temporary Injunctive Relief in Trustee Removal Actions

The UTC offers its own mechanism to counterbalance the trustee’s relative advantage in trustee removal actions—a beneficiary may obtain temporary injunctive relief suspending or removing the trustee’s ability to reimburse attorney fees from the trust even in circumstances where the trustee is not alleged to have breached the trust. This article explores the availability of such injunctive relief, so that attorneys who represent fiduciaries, beneficiaries, or both may consider whether it may have application in a given matter.