Litigating Breach of Trust Claims Under the Uniform Trust Code

Faculty: ACTEC Fellow John M. Challis

A trustee holds the highest fiduciary responsibility, yet not all trustees meet these rigorous standards. Breaches of duty can arise from intentional or negligent actions—whether self-serving, erroneous, or retaliatory—causing harm to the trust’s assets or beneficiaries. What exactly are a trustee’s duties under the Uniform Trust Code, and what are the consequences if a breach occurs?

Join us for an insightful webcast led by a seasoned fiduciary litigator and ACTEC Fellow. This session will delve into both fundamental and advanced aspects of litigating breach of trust claims. You’ll gain practical insights into avoiding litigation during the estate planning phase, explore alternatives to litigation, and understand critical decisions such as jurisdiction and venue selection, interim relief options, and the applicability of the fiduciary exception to attorney-client privilege. The webcast will also cover the wide array of remedies available when a breach is alleged.