Document Type

Article

Publication Title

ACTEC Law Journal

Publication Date

2021

ISSN

1544-4945

Page Number

357

Keywords

trust law, perpetuities, negligence, beneficiary

Disciplines

Estates and Trusts | Law

Abstract

This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a "nonfiduciary trust."

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