Robert Sitkoff, ‘Fiduciary Principles in Trust Law’

Abstract
This book chapter, prepared for the forthcoming Oxford Handbook of Fiduciary Law, canvasses the fiduciary principles applicable to a trustee of a donative, irrevocable private trust subject. The focus is on prevailing American law. The chapter examines (a) the trigger for finding a trust fiduciary relationship and the scope of that relationship; (b) the duty of loyalty; (c) the duty of prudence across the distribution, investment, custodial, and administrative functions of trusteeship; (d) other fiduciary duties in trust law, including the prominent duty of impartiality and the increasingly salient duty to give information to the beneficiaries; (e) the extent to which fiduciary principles in trust law are mandatory or may be waived by the settlor or by a beneficiary; and (f) the remedies available for a breach of duty by a trustee.

Sitkoff, Robert H, Fiduciary Principles in Trust Law (March 26, 2018). Oxford Handbook of Fiduciary Law (Evan Criddle, Paul Miller, and Robert H Sitkoff eds, 2018 forthcoming).

First posted 2018-04-24 06:38:45

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