May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?
By EsqSocial Corporation 08/04/25
Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the trust property. The direct consequence of the breach of trust is a material impairment of the economic value of the trust estate. Beneficiaries’ only recourse for being made whole is an action in equity against the trustee personally, all imprudent transactions having been...
By: Charles E. Rounds, Jr. - Suffolk University