Is the Uniform Trust Code’s 5-year ultimate-repose feature even constitutional?
By EsqSocial Corporation 01/07/20
It is settled that even an ultra-contingent equitable interest incident to a trust relationship is a property right, not a mere expectancy. See generally §5.1 of Loring and Rounds: A Trustee’s Handbook (2020) (the contingent equitable property interest versus the expectancy). In a judicial proceeding that could bring about an interference with that right, the beneficiary is entitled under the due process clause of the 14th Amendment to advance notice of the proceeding and an opportunity to be...<BR />By: <a href="https://www.jdsupra.com/profile/charles_rounds/">Charles E. Rounds, Jr.</a>