When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant
By EsqSocial Corporation 28/03/24
Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent beneficiaries”)? A sine qua non of a fiduciary relationship is accountability. Can there ever be accountability on the part of a GAL when it comes to defending via advocacy the current contingent equitable property rights of non-existent beneficiaries when the court ignores...
By: Charles E. Rounds, Jr. - Suffolk University