A trustee is a person or institution entrusted with managing assets held in trust for the benefit of others, known as beneficiaries.
What Legal Issues Can Trustees Face?
Trustees often encounter challenges that require careful navigation to avoid legal complications. Some common issues include:
- Conflicts of interest and self-dealing: Trustees must act solely in the best interests of the beneficiaries. Suppose a trustee engages in self-dealing or acts to benefit themselves at the beneficiaries’ expense. Such acts can lead to legal disputes and allegations of misconduct.
- Disputes among beneficiaries regarding distributions: Beneficiaries may have differing expectations about how and when assets should be distributed. These disputes can pressure trustees, especially if they are accused of favoritism or mismanaging the distribution process.
- Allegations of mismanagement or breach of fiduciary duty: Trustees can be held liable if they fail to manage trust assets responsibly. Beneficiaries may file claims against a trustee for mismanagement, breach of fiduciary duty, or failure to follow the trust’s terms.
- Navigating compliance issues: Trust administration often involves complex tax considerations. Trustees must ensure that all tax filings are timely and accurate.
Real-life examples of trustee disputes include cases where trustees improperly invested trust assets, distributed funds contrary to the trust’s instructions, or failed to disclose meaningful financial information to beneficiaries, leading to litigation and financial losses.