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Charles E. Rounds Jr, Fiduciary Consultant
For 35 years and counting I have been practicing, teaching, and writing almost exclusively in that corner of the law that relates to the fiduciary duties and liabilities of trustees and agents.
Charles E. Rounds Jr, Fiduciary Consultant Features
posted on 1 May 2013 | Group NewsThe trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust's...
posted on 1 Apr 2013 | Group NewsWhy the Classic Legal Terminology of the Anglo-American Trust is in French, not English: The "Law French" PhenomenomThe institution of the trust, a creature of the English Court of Equity, evolved deep in the bosom of the Anglo-American legal tradition. France, a civil jurisdiction, lacks a legal institution that...
posted on 4 Mar 2013 | Group NewsNowadays a Practicing Lawyer's First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too Bad.This modified excerpt from Loring and Rounds: A Trustee's Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much...
posted on 1 Feb 2013 | Group NewsAn "in terrorem" or "no-contest" clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent...
posted on 3 Jan 2013 | Group NewsWhat is the difference between a good-faith purchaser for value (BFP) and a holder in due course?
Other news from Charles E. Rounds Jr, Fiduciary Consultant
posted on 21 Dec 2012 | News storyProfessor Brian Tamanaha's new book, Failing Law Schools, does a good job of explaining why borrowing to obtain a lower tier law school education has become a bad deal for all too many, but...
posted on 6 Dec 2012 | Group NewsIn the 112 years since its first publication, Augustus Peabody Loring’s compact A Trustee's Handbook has come to be regarded as the most convenient, reliable, and complete source for trust...
posted on 2 Nov 2012 | Group NewsA Misleading Article in the Wall Street Journal (Weekend Investor) Suggesting that Social Security is a Funded Pension PlanTwo U.S. Supreme Court cases long ago confirmed that Social Security is an unfunded federal welfare program. One writer at the Wall Street Journal has apparently yet to get the message.
posted on 2 Oct 2012 | Group NewsThe great English legal scholar, Frederic William Maitland (1850-1906), saw the trust as “an ‘institute’ of great elasticity and generality; as elastic, as general as contract.” It is hard to...
posted on 5 Sep 2012 | Group NewsThe trustee is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital...