Can a Trust instrument relieve the Trustee of liability?

Robert Ray

Start Here!A Texas appeals court was asked that question when they had to interpret the following language in a Trust relating to the Trustees dealings with the Trust assets and the beneficiaries: “no principle or rule relating to self-dealing or divided loyalty shall be applied to any act of said Trustee, but said Trustee shall be held to the same standard of liability in respect of such transactions as in respect of transactions with disinterested persons.” Normally, self-dealing is a violation of the Trustee’s duties.

The Trustee claimed that the provision in the Trust relieved him of liability for self-dealing. The Court disagreed and held that the Texas Trust Code did not permit the waiver of those duties. 363 /3 221.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

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The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
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