Trust Law in the Twenty-First Century: Challenges to Fiduciary Accountability

Authors

Alan Newman, University of Akron

Document Type

Article

Publication Date

2016

Abstract

In this insightful article, Alan Newman examines the evolving challenges to fiduciary accountability in modern trust law, particularly in the context of complex trust structures and the shifting dynamics between trustees and beneficiaries. As trust law adapts to the needs of contemporary wealth management, Newman explores how doctrines governing fiduciary duties—such as loyalty, prudence, and disclosure—are being strained. The article critiques how legal reforms, including the Uniform Trust Code, attempt to modernize trust administration while potentially weakening traditional safeguards for beneficiaries. Newman argues that expanding trustee discretion, the rise of directed and silent trusts, and diminished judicial oversight threaten core accountability principles. He calls for a recalibration of trust law to ensure it continues to protect beneficiaries and uphold the integrity of the fiduciary relationship in the twenty-first century.

Publication Title

Quinnipiac Probate Law Journal

Volume

29

First Page

261

Comments

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Recommended Citation

Newman, Alan, "Trust Law in the Twenty-First Century: Challenges to Fiduciary Accountability" (2016). Akron Law Faculty Publications. 386.
https://ideaexchange.uakron.edu/ua_law_publications/386