Fiduciary Law Trends 2022Fiduciary Law Trends 2022

With courts reopening and a global pandemic seemingly under control, we noticed an uptick in fiduciary-related cases. Cases remain fascinating with a plethora of interesting characters. The following notable cases highlight developments we witnessed in the fiduciary field.

Caretaker Exerted Undue Influence

Bates v. Bates¹ reminds us that the elderly in declining health continue to be taken advantage of by younger caretakers. Austin Bates, at age 78, divorced Kay, his wife of 57 years, and married his caretaker. Before finalizing the divorce, Austin created an irrevocable trust leaving assets in continuing trust mostly to Kay and their children and a small percentage to the caretaker. The trust protector later amended the trust at Austin’s ...