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Navigating Breach of Trust Claims Under the Uniform Trust Code

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Friday, January 17, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926
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This CLE webinar will provide attorneys guidance on handling breach of trust claims under the Uniform Trust Code (UTC). The panel will discuss litigation risks and strategies to consider, alternatives to litigation, filing considerations, navigating pretrial and trial issues, and other key considerations.

Description

Under the UTC, a breach of trust occurs when a trustee fails to act in the best interests of the beneficiaries of a trust. These breaches can arise from a trustee's intentional or negligent actions that causes harm to the trust's assets or beneficiaries. Trustees and attorneys must understand the trustee's duties and obligations under the UTC, the consequences if a breach occurs, and strategies for managing the litigation of these claims.

A "breach of trust claim" is a legal action filed against a trustee under the UTC alleging that a trustee violated their fiduciary duty by misusing trust assets, neglecting their responsibilities, and acting in a way that conflicts with the terms of the trust document or is not in the best interests of the beneficiaries. Such actions, including but not limited to, making improper investments, engaging in self-dealings, or distributing trust assets incorrectly, may cause financial loss to the trust.

Attorneys and trustees must understand key issues that arise for trustees under the UTC, address potential litigation risks, and identify appropriate strategies to minimize claims.

Listen as our panel discusses the litigation risks and strategies to consider, alternatives to litigation, filing considerations, navigating pretrial and trial issues, and other key considerations when handling breach of trust claims under the UTC.

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Outline

  1. Breach of trust and breach of fiduciary duty
  2. Duties of a trustee under the UTC
  3. Pre-litigation
  4. Alternatives to litigation
  5. Filing considerations
    1. Jurisdiction
    2. Venue
    3. Principal place of administration
    4. Governing law
    5. Statute of limitations
  6. Pre-trial issues and trial considerations
  7. Remedies

Benefits

The panel will discuss these and other key issues:

  • Breach of trust and breach of fiduciary duty under the UTC
  • Pre-litigation considerations and litigation alternatives
  • Examining jurisdiction, venue, statute of limitations, and other filing considerations
  • Pre-trial issues and trial challenges
  • Available remedies and pitfalls to avoid

Faculty

Fair, Kenneth
Kenneth J. Fair
Partner
Wright Close & Barger

Mr. Fair's practice focuses on in the area of general commercial litigation, with an emphasis on complex probate,...  |  Read More

Johnson, David
David Fowler Johnson
Managing Shareholder/Fort Worth Office
Winstead

Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust,...  |  Read More

Rahn, Scott
Scott E. Rahn
Founding Partner
RMO

Mr. Rahn represents heirs, beneficiaries, trustees and executors. He utilizes his experience to develop and implement...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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