REVOCABLE TRUSTS AND FIDUCIARY ACCOUNTABILITY BY GRAYSON M.P. MCCOUCH

THE ARTICLE

This Article explores the fiduciary relationship between the trustee and the beneficiaries of a revocable trust, with special emphasis on statutory provisions that limit the beneficiaries’ standing to enforce the trust during the settlor’s lifetime. The Article argues that Uniform Trust Code § 603 and its nonuniform counterparts do not necessarily prevent the beneficiaries from holding the trustee accountable for breaches of trust occurring during the settlor’s lifetime. Indeed, the case law suggests a more flexible and pragmatic approach exists that allows the beneficiaries to sue the trustee for breaches committed without the settlor’s knowledge or approval.

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