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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 2 Jul 2014 | ArticleThe confusion being engendered by the Uniform Trust Code's default trust-revocation methodologies (Section 602(c))When is an irrevocable trust revocable? The recently adopted Uniform Trust Code (UTC) was supposed to make all of this more clear, but a recent case in New Mexico has muddied the waters for all...
posted on 3 Mar 2014 | ArticleThe law's good faith principle has traditionally regulated legal relationships, such as the contractual relationship. Equity's more intense fiduciary principle has generally regulated equitable...
posted on 13 Dec 2013 | ArticleThe Constructive General Inter Vivos Power of Appointment: A Trap for the Unwary Trustee and His/Her CounselThe constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors' rights doctrine. In this article, PGDC contributing author...
posted on 3 Sep 2013 | Group NewsA valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses) until an unspecified time after the death of the testator-settlor.Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition...
posted on 1 Aug 2013 | Group NewsInherent in a trustee's discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute...
Other news from Charles E. Rounds Jr, Fiduciary Consultant
posted on 1 Jul 2013 | Group NewsOld Doctrine Misunderstoof, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property's Power of Appointment SectionsIn was in the course of preparing the 2013 edition of Loring and Rounds: A Trustee's Handbook that the authors of the Handbook came to realize that something was structurally and substantively amiss...
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...