Eric Clarke Speaking at FOX Trustees and Beneficiaries Workshop

This presentation examines the three cornerstone fiduciary obligations every trustee must uphold during trust administration. Under state laws a trustee owes a duty of loyalty — requiring them to act in the best interests of beneficiaries and avoid conflicts of interest — a duty of care — requiring the exercise of reasonable skill and prudence in managing trust assets — and a duty of impartiality — requiring fair and equal treatment of all beneficiaries. As a central case study, the presentation will analyze the California Supreme Court’s ruling in Estate of Giraldin (2012) 55 Cal.4th 1058 as it relates to the scope of a trustee’s duties including duties of the beneficiaries during the Settlor’s lifetime.​

Eric Clarke: “The Trustee’s Fiduciary Role: Duties of Loyalty, Care, and Impartiality in Trust Administration”