Attack on a Trust Instrument: Properly Advising the Trustee on their Duty of Impartiality

When a trust restatement or trust amendment is challenged or is threatened to be challenged by a person who has been disinherited, seeking to resurrect a prior instrument, possibly naming some other trustee:

• Does the current trustee have an obligation or authorization to defend the most recent restatement or amendment and their trusteeship?
• Or is current trustee compelled to sit on the sidelines and let the respective beneficiaries fight it out?

Hon. Glen M. Reiser (Ret.) and Hon. Sandra Bean (Superior Court of Alameda County) propose to outline practical guidelines to help trustees navigate how and when to minimize exposure to significant liability and, in the case of professional fiduciaries, to potential loss of licensure if the wrong path is chosen.