The roles of beneficiary and Trustee by
their nature engender tension. The Trustee
has the beneficiary’s money (at least that’s how the beneficiary views it), and
the beneficiary wants it now! This
inherent conflict has been accentuated by seemingly ever-increasing
expectations and demands of beneficiaries and expanding theories of fiduciary
liability. Some of the most critical
issues we face in this ubiquitous area of fiduciary practice include the
- Preserving the attorney-client privilege between the Trustee and the Trustee’s lawyer
- Trends in fiduciary liability case law
- Removal or resignation of a Trustee
- Heightened standards of performance for professional fiduciaries
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