Trustee gets to surcharge beneficiary

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 9, 2020 10:54 AM

Relying on Section 104 of the Restatement (Third) of Trusts — plus a 1919 Illinois Supreme Court decision and a treatise on trust law by Professor Helene S. Shapo of Northwestern University Pritzker School of Law — the Hawaii Intermediate Court of Appeals reinstated a trustee’s petition to surcharge a beneficiary for the attorney fees and costs the trustee incurred in successfully litigating claims against the beneficiary for conversion of trust assets and refusing to provide an accounting of the diverted proceeds.Neil …

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