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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34018
Experience:  30 years experience in the practice of estate law.
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Can a trustee who is also a beneficiary be subject to a no

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Can a trustee who is also a beneficiary be subject to a no contest clause?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Yes, a trustee is subject to an in terrorem or no contest clause for their acts as a beneficiary. A trustee is not subject to an in terrorem clause because there are other controls in place governing the trustee fulfilling their fiduciary duties and a no contest clause is just no applicable to a trustee because they represent the trust.

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JudgeLaw
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Customer: replied 4 years ago.


Is it the job of a trustee to exclude a beneficiary on the grounds of undue influence? Can he be held responsible for his actions if he is doing so, so that he, who is also a beneficiary, will gain the other beneficiary's portion of the trust? What if his accusation is unfounded? Does he have to file in court to do this?

Thank you, Mary, for following up with me.

No, the trustee may not act on their own initiative to exclude a named beneficiary. There is a presumption that the trust is valid and it would be the burden of the trustee, or any other claimant, to prove any claim of undue influence.

The affected beneficiary could sue the trustee for breach of fiduciary duties for attempting to exclude the beneficiary without court order.

I hope this is helpful.

Thank you.

JudgeLaw
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