What is “fiduciary duty?”
December 14, 2023
In the context of trust administration, fiduciary duty refers to the standard of care that a trustee is expected to exercise. Generally, as a fiduciary, a trustee is expected to always act in a manner that benefits the interests of the trust. Trustees are also expected not to act for their own benefit if doing so would harm the trust’s interests. Specific to trusts, trustees are also expected to manage the trust in accordance with the terms of the trust document. Trustees are generally expected to act to avoid substantial loss of value to the trust, although a trustee is usually not responsible for the ordinary depreciation of assets. Trustees are not expected to grow the value of the trust, but rather to maintain its value and provide for the payment of income (and principle) as directed by the trust document.
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