Fiduciary Law Trends 2019Fiduciary Law Trends 2019

We’ve read through many of the most interesting cases in 2018, and as in the previous years, the content doesn’t disappoint. Here are some highlights.

Privilege

Can a former trustee withhold from a successor trustee all of his communications with legal counsel? In California, the court in Morgan v. Superior Court¹ said “No!” The court determined that if the settlor’s intent in drafting a trust is to protect beneficiaries from malfeasance, it follows that withholding attorney-trustee communications from a successor trustee doesn’t further that intent, because withholding such communications could effectively allow a trustee to intentionally violate fiduciary duties with no check on his conduct.

Conflicts of Law

How might a court in one state ...