What fiduciary duties does a trustee owe to the Beneficiaries of a Trust?

Mar 23, 2023

A trustee has several fiduciary duties to the beneficiaries of a trust, including:

  1. Duty of loyalty: The trustee must act in the best interests of the beneficiaries, putting their interests ahead of their own or anyone else’s.
  2. Duty of prudence: The trustee must act with reasonable care, skill, and caution in managing the trust’s assets.
  3. Duty of impartiality: The trustee must treat all beneficiaries equally and impartially, without favoring one beneficiary over another.
  4. Duty of accountability: The trustee must keep accurate records of all trust transactions, and provide beneficiaries with regular reports on the trust’s assets and activities.
  5. Duty of confidentiality: The trustee must maintain the confidentiality of all trust-related information, and not disclose it to anyone without the beneficiaries’ consent.
  6. Duty to follow the trust terms: The trustee must administer the trust in accordance with the terms of the trust document, and carry out the settlor’s wishes to the best of their ability.
  7. Duty to invest prudently: The trustee must invest the trust’s assets prudently, considering the risk and return objectives of the trust and the needs of the beneficiaries.

Overall, a trustee must act in good faith and with the utmost integrity, always putting the interests of the beneficiaries first.

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