• Blog Post

    Breach of Trustees’ Fiduciary Duty – Part 2: Duty of Loyalty & Duty of Impartiality

              As we’ve mentioned in part 1 of this series, trustees are fiduciaries and, as such, trustees owe a variety of fiduciary duties to multiple parties.  These obligations include both the duty of loyalty and duty of impartiality, which we will discuss this week.  To prove a trustee breached of one of these duties, one must show three things: (1) the existence of a fiduciary relationship; (2) the breach of a fiduciary duty; and (3) damages proximately caused by the breach of the duty.[1]             It is important to keep in mind that the express terms of the trust can modify…