pjc-family-2024-lib

PJC 235.18

E XPRESS T RUSTS

PJC 235.18 Liability of Successor Trustee—Not Modified by Document

If you answered [“Yes”] [“No”] [ see comment ] to Question ______, then answer the following question. Otherwise, do not answer the following ques tion. QUESTION ______ Did SUCCESSOR TRUSTEE , the successor trustee, fail to comply with his duties with respect to the conduct of PREDECESSOR TRUSTEE , the predeces sor trustee? A successor trustee fails to comply with his duties with respect to the con duct of a predecessor trustee if the successor trustee knows or should have known that the predecessor trustee failed to comply with his duties and the suc cessor trustee (1) improperly permits the situation to continue or (2) fails to make a reasonable effort to compel the predecessor trustee to deliver the trust property or (3) fails to make a reasonable effort to compel a redress of a breach of trust committed by the predecessor trustee. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. The foregoing submission should be used if the instrument does not modify the statutory duties of a successor trustee to investigate and redress the acts or omissions of a predecessor trustee. Wording conditioning instruction. This PJC is predicated on a finding of breach of fiduciary duty: a “Yes” answer to PJC 235.9 (breach of duty by trustee—other than self-dealing) or PJC 235.12 (breach of duty by trustee—self-dealing—duty of loyalty eliminated), or a “No” answer to PJC 235.10 (breach of duty by trustee—self dealing—duties not modified or eliminated by trust) or PJC 235.11 (breach of duty by trustee—self-dealing—duties modified but not eliminated by trust). If damages are sought based on PJC 235.9 and that question is submitted as shown in PJC 235.9 (that is, with separate answers for each duty) rather than in broad form, the conditioning instruction should be reworded accordingly.

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