The Trustee's Duty to Keep Beneficiaries Reasonably Informed

Document Type

Article

Publication Date

2010

Abstract

In this article, Alan Newman provides a detailed analysis of the trustee’s fiduciary duty to keep beneficiaries reasonably informed about the trust and its administration. He explores the legal foundations of this duty, including both traditional common law principles and modern statutory frameworks such as the Uniform Trust Code (UTC §813). Newman outlines the types of information trustees must disclose, including trust existence, material facts necessary to protect beneficiary interests, and periodic reports or accountings. He also discusses limitations, such as exceptions for revocable trusts or discretionary disclosure for minor or remote beneficiaries. Emphasizing the importance of transparency and accountability, the article warns that failure to fulfill this duty can result in breach of trust litigation and erosion of beneficiary confidence. Newman ultimately advocates for proactive communication to support effective trust governance and reduce legal disputes.

Publication Title

Probate Law Journal of Ohio

Volume

21

First Page

6

Comments

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