Trustee Duties

If you have been nominated and are acting as Trustee, you are acting as a “fiduciary” and have many duties as Trustee. Below is a list of key duties of a Trustee:

  • Duty to identify and locate Trust assets.
  • Duty to control, maintain and preserve Trust property.
  • Duty to keep Trust property separate and identified as Trust property.
  • Duty to maintain confidentiality.
  • Duty to follow the terms of the Trust and the laws governing Trust administration.
  • Duty to exercise the standard of care of a “prudent” person under like circumstances.
  • Duty of loyalty and impartiality.
  • Duty to avoid conflicts of interest.
  • Duty to enforce claims of the Trust and defend claims against the Trust.
  • Duty to act reasonably when exercising any discretion.
  • Duty to account to the beneficiaries.
  • Duty not to delegate improperly.
  • If the Trust provides for CoTrustees:
    • Duty to be sure that all CoTrustees participate in the Trust Administration and
    • Duty to prevent any other CoTrustee from committing a breach of Trust.

See Wayne M. Zell, You Have Been Named as Trustee for a Living Trust‐‐Now What?, The National Law Review, Nov. 20, 2014.

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