No Surcharge of Corporate Trustee for Failure to Diversify

The corporate trustee will not be surcharged for failing to diversify the investments of a trust when (a) the trust document specifically authorized the retention of the investments used to fund the trust and (b) the trust document directed that the decision of the individual trustee should prevail in any disagreement between the two trustees and the individual trustee repeatedly rejected the recommendation of the corporate trustee that the trust investments be diversified. The corporate trustee also had no duty to communicate to the beneficiaries the disagreement between the individual and corporate trustees. Boies Est. (No. 1), 11 Fid.Rep.3d 41 (Lackawanna O.C. 2020).

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