One of the most important considerations in litigation against trustees is whether a beneficiary has standing to challenge the actions of the trustee. Practitioners recognize that a current income beneficiary has standing to challenge a trustee's actions. But the answer is not as certain for contingent remaindermen. In Edward C. Halbach, Jr.'s article, he does an excellent job discussing this difficult issue, and concluding that standing exists for many contingent remaindermen.
Halbach also broaches the difficult area of standing in the charitable area, and accompanies this topic with a well-reasoned and extensive explanation of who may have standing to enforce charitable trusts.
Halbach's short, nine-page article, is chock full of important footnotes, with relevant cites and further discussion of arguments supporting standing in certain circumstances to certain individuals.
This article is a must-read for all practitioners who are involved in the trust litigation area. There are not a lot of articles that discuss standing, and this one will be a pivotal one for practitioners to have in their libraries.
Reviewer: LOUIS S. HARRISON is a member of the Chicago-based law firm Harrison & Held, LLP. He's also a member of the Trusts & Estates advisory committee on estate planning & taxation