Trustee Duty of Loyalty Flashcards

1
Q

Duty of loyalty

A

A trustee must administer a trust solely in the beneficiaries interests

Cannot take unreasonable fee

Cannot commingle trust property

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2
Q

Under the Duty of Loyalty a transaction is voidable

A

by the beneficiary if it involves trust property and is affected by a conflict between the trustees fiduciary and personal interests

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3
Q

There is a presumption of conflict under the Duty of Loyalty if

A

The the transaction was entered into by the trustee and his close relatives, agent, or entity in which the trustee has an interest

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