New California Case: Trustee Need Not Administer Trust As Quickly As Possible, But Only Without Unreasonable Delay, Edwards v. Gillis.

A survival cause in a trust does not require the trustee to administer the trust in a manner different from required acceptable reasonable prudent trustee/trust practices.  The trustee is not required to administer the trust as quickly as possible, but only without unreasonable delay.  Following Trustor’s death, a disinherited beneficiary challenged the trust amendment that disinherited her.  However, the disinherited beneficiary also died before resolution of the contest and before any trust distributions were made.  The executor of the disinherited beneficiary argued that the trustee delayed making distributions.  The Court also held that the disinherited beneficiary’s executor had the burden of establishing the alleged unreasonable delay, and that he failed to do so.    Edwards v. Gillis (California Court of Appeal, Fourth Appellate District, Case No. E053542)

Dave Tate (San Francisco)

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