Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Monday, August 11, 2014

A Trust's Failure-to-Object Clause May Carry Little Weight

TrustA failure-to-object provision included in the accounting provision of a trust instrument is common, but may carry little weight when challenged by beneficiaries. The Restatement (Third) of Trusts provides that the consent of a beneficiary must come in a form that is more than lack of an objection. This weak power of a failure-to-object clause is leading some attorneys to leave it out when drafting trust instruments.

See Charles E. Round, Jr., The Enforceability of a Trust Accounting Clause’s Failure-to-Object Provision (the Non-Judicial Settlement of Trustees’ Accounts), JD Supra, Aug. 4, 2014.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/08/a-trusts-failure-to-object-clause-may-carry-little-weight.html

Estate Planning - Generally, Non-Probate Assets, Trusts | Permalink

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