The Use and Abuse of Exculpatory Clauses CD PRODUCT

    The Use and Abuse of Exculpatory Clauses CD PRODUCT
    CLE 90 min

    The Use and Abuse of Exculpatory Clauses CD PRODUCT

    Can fiduciaries rely on exculpatory clauses in wills and trusts? Exculpatory clauses can take several forms, from clauses which expressly exclude obligations which would otherwise  apply to fiduciaries, to clauses which purport to absolve fiduciaries from losses arising from their actions. Exculpatory clauses are designed to avoid the duties that would  otherwise apply to a fiduciary’s dealings with trust property.

    This program will consider:
    • The duties which are most often the subject of exculpatory clauses;
    • The effectiveness of these clauses;
    • The extent to which courts allow fiduciaries to rely on these clauses;
    • The exercise of discretion by trustees of trusts that hold corporate assets; and
    • The availability of exculpatory clauses to trustees who simultaneously act as corporate officers and directors.


    James Carey (Moderator)
    Levin Schreder – Chicago, IL

    Eric Hoffstein
    Minden Gross LLP, Toronto, Canada

    Crystal Patterson
    Fredrikson & Bryson, PA – Minneapolis, MN

    Steven K. Mignogna
    Archer & Grenier, PC – Haddonfield, NJ

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    Section of Real Property, Trust and Estate Law

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