Progressive or Regressive?Progressive or Regressive?

Every now and then, in an area as complex as trusts and estates, it behooves even experienced lawyers to view things afresh. From 30,000 feet, we can ask frank, or even contrarian, questions to help deepen our understanding of our field as it is and as it might evolve.

What do we mean by contrarian questions? Well, if we consider recent alterations to state trust codes, what’s the direction of change? What drives the change? What long-established principles are weakening? Who gains and who loses? How will the various interests react? And as disputes inevitably arise, how will courts respond?

Here are several recent “progressive” trends in trust codes and what we hope are challenging questions.

Minimizing Fiduciary Accountability

When it com...