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.
ABOUT THE AUTHOR
Grayson M.P. McCouch is the Gerald Sohn Professor of Law at the University of Florida.