Investment Governance Blog
Anatomy of a Trustee Lawsuit
Twice in the last 30 days we have gotten calls from attorneys who are representing trustees being sued by disgruntled beneficiaries. The fact patterns for these two projects were almost...
The Trustee’s Compliance Library
Trustees and beneficiaries don't always see eye-to-eye on issues of trust administration and governance. For the most part, the reasons for these disagreements are divergent beliefs about responsibility, duty, fairness,...
Case Study – Modifying Trust Distribution Rates
Last month the Anodos team worked on an interesting investment governance project that we thought you might find elucidating. Facts: A grantor setup a "Net Income" trust in 1987 for the...
A Trustee’s Duty to Independently Monitor Delegates UPIA §9(a)(3)
The Uniform Prudent Investor Act at Section 9(a)(3) directs, "A trustee shall exercise reasonable care, skill and caution by periodically reviewing the agent’s actions in order to monitor the agent’s performance...
UPIA §7 – A Trustee’s Duty to Incur Only Reasonable Costs
“Wasting beneficiaries’ money is imprudent. In devising and implementing strategies for the investment and management of trust assets, trustees are obliged to minimize costs” (National Conference of Commissioners on Uniform...
How is a targeted return like UBER?
A trustee would not get into an Uber until they defined the destination for their ride. A trustee would not hire an employee without describing at some level the work...
A Transitive Property of Fiduciary Duties?
If A = B and B = C, then A = C. This is the “transitive property of equality” that we learned in our remedial algebra classes so long ago....
