POWERS OF THE TRUSTEE Flashcards
1
Q
Joint Powers
A
Co-trustees who are unable to reach a unanimous decision may act by majority decision in many states. If a co-trustee cannot perform because of, for example, absence or illness, the remaining
co-trustees may act for the trust.
2
Q
Imperative (Mandatory) Powers
A
A power is “imperative” (sometimes called a “mandatory” power) if the trust instrument requires its exercise. If a trustee fails or refuses to perform under an imperative power, a court will, upon petition, order
the trustee to exercise the power as required by the trust instrument (provided that exercising the power would not violate the law or be against public policy).
