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Articles · The Real Law Journal

Loyalty, Prudence, Impartiality

The standing duties of the trustee, read together.

PublishedVol. I · No. 2pp. 147–172

§ I

Authorship

The author or authors of the work.

Author
Faculty of the School of Trust Law

Real Law Society Academy

§ II

Abstract

On the scope of the work.

The standing duties of a trustee are usually catalogued separately. The article reads loyalty, prudence, and impartiality together, and argues that the three are mutually constitutive rather than independent.

§ III

Keywords

Subjects of the article.

  • fiduciary duties
  • loyalty
  • prudence
  • impartiality

§ IV

The Article

The text.

The article proposes that the standing duties are best understood as facets of a single fiduciary obligation rather than as a list of separate rules. Loyalty bounds the trustee's interest; prudence bounds the trustee's judgment; impartiality bounds the trustee's discretion among beneficiaries.

Each duty is read against its statutory expression in the Uniform Trust Code and against the leading appellate authority. The article notes the cases in which a court has reasoned from one duty to another and the cases in which a court has treated the duties as if they did not communicate.

A closing section addresses the implications for trustee training, for the drafting of trust instruments, and for the litigator who must plead a breach.

§ V

Preferred Citation

On citing this article.

Faculty of the Sch. of Trust Law, Loyalty, Prudence, Impartiality, 1 Real Law J. 147 (MMXXVI).
DOI · 10.00000/rlj.i.2.002

§ VII

Editorial History

On the manuscript's passage to print.

  1. MMXXV — Autumn

    Manuscript received.

  2. MMXXVI — Winter

    Editorial review completed.

  3. MMXXVI — Winter

    Published in Vol. I, No. 2.

§ VIII

Revision History

On subsequent revisions.

No revisions have been issued. Substantive revisions, when issued, are recorded here and retained in the institutional archive.

The Real Law JournalVol. I — No. 2Articles

The Journal

Return to the issue.

The article belongs to a single issue. Read the table of contents and the editor's introduction in their proper place.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I