Ifa trustee does not follow the will exactly, can this be look upon him contesting the Will. I know he can be removed by not doing his duties

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Ifa trustee does not follow the will exactly, can this be look upon him contesting the Will. I know he can be removed by not doing his duties

I know he can be removed for not doing his fiduciary duties.

Asked on November 1, 2011 under Estate Planning, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that seem to be cropping up here.  I am making certain assumptions here.  First, that there is in effect a trust that was created through a last Will and Testament of the decedent.  This is known as a "testamentary trust."  But I think that you may be a bit confused by what is happening and the correct terms used.  A trustee breached their fiduciary duty when they do something in opposite of the wishes f the decedent and to the detriment of the estate or trust.  That is not contesting the Will.  Contesting the will is to file a formal document challenging it as valid - due to some extrinsic reason usually like undue influence - and thus its contents.  Next I am assuming that  the trustee is doing something that you are not fond of with the trust assets.  But to be a breach the actions have to be pretty significant.   I would consult with an attorney on your area.  Good luck.


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