The evolution of the law concerning the trustee's duty to disclose information to the trust beneficiaries, through cases like Longmeyer, creates new risks for trustees who are unaware of their obligations. Trustees will also face an increasing number of difficult situations as in Longmeyer as a result of an aging and increasingly infirm population. Although it can be a difficult decision to make under pressure, a trustee should give strong consideration to policies that favor prompt and complete disclosure even in difficult circumstances. Also, trustees should remember that the courts are available for their protection when confronted with genuine doubt and difficulty in the administration of the trust. When a trust is dramatically amended under questionable circumstances, it is hard to imagine any court finding fault in a trustee who seeks clarification and confirmation from the court through a petition for instructions or similar action.
David M. English et al.,
Disclose - Disclose - Disclose - Longmeyer Distorts the Trustee's Duty to Inform Trust Beneficiaries, 24 Probate and Property 12
Available at: https://scholarship.law.missouri.edu/facpubs/778