The Real Law Society Treatise Series
The Duties of a Trustee
A reading of the Uniform Trust Code with annotations from the Restatement (Third) of Trusts.
§ I
Bibliographic Record
Metadata.
- Series
- The Real Law Society Treatise Series
- Volume
- Vol. I
- Edition
- First Edition
- Publication Date
- MMXXV
- Document Type
- Treatise
- Status
- In Press
- Authors
- Faculty of the School of Trust Law & Fiduciary Administration
- ISBN
- 978-1-959000-01-7
- Permanent Identifier
- duties-of-a-trustee
- Subjects
- Trusts · Fiduciary duty · Equity
- Keywords
- Trusts, Fiduciary duty, Equity
§ II
Abstract
On the scope of the work.
An institutional treatise on the law of express trusts, read against the Uniform Trust Code as enacted by the several states and the Restatement (Third) of Trusts. The work proceeds from the trust instrument outward — to the governing code, to the controlling cases, to the remedies available when a duty is breached.
§ III
Editorial Description
On the structure of the volume.
The treatise opens with the elements of an express trust — intent, res, ascertainable beneficiaries — and reads each against the corresponding provisions of the Uniform Trust Code. It declines the temptation to treat doctrine as commentary on commentary; the instrument and the code are the text, and the cases are read as constructions of that text.
Part II takes up the duties owed by the trustee: loyalty, prudence, impartiality, and the duty to account. Each duty is read against its statutory expression and the leading appellate authority. Where the Restatement departs from the Code, the departure is noted and the reader is left to weigh it.
Part III addresses remedies — surcharge, removal, constructive trusts, and the equitable accounting — and the procedural posture in which each is sought. A closing chapter treats modification, reformation, and decanting under the modern statutes.
The work is intended for sustained study by trustees, counsel to trustees, and the serious student of equity. It is not a desk reference; it is a treatise.
§ IV
Series
The Real Law Society Treatise Series
Long-form doctrinal works. A treatise reads a body of law against its governing instruments and the cases that construe them.
Each treatise is read against the controlling statute, the regulation that implements it, and the leading appellate authority. Faculty review is required before publication.
§ V
Related Schools
The faculty of the work.
§ VI
Related Library Divisions
The divisions of the archive consulted in the preparation of this work.
§ VII
Preferred Citation
On citing this work.
Faculty of the School of Trust Law, The Duties of a Trustee, Real Law Society Treatise Series Vol. I (1st ed. MMXXV).
§ VIII
Editorial Notes
On revision and review.
Prior editions of this work, where any, are retained in the institutional archive of the Society. Citations in the present edition have been verified against the controlling source as of the date of publication.
The work was reviewed by faculty of the relevant School before issue and is subject to revision as the governing instruments change. The Press accepts no instruction from outside the institution.
Faculty-reviewed. Citations conformed to the Uniform Trust Code as last amended; state variations noted in the apparatus.
§ IX
Related Publications
Other volumes in the catalogue.
Companion works from the same series, and other publications of the Press on related subjects.
Vol. II
Reading the Recorded Instrument
Deeds, mortgages, satisfactions, and the chain of title.
Forthcoming · MMXXV
Vol. III
The Architecture of Civil Procedure
Pleadings, motions, and the path of a case.
Forthcoming · MMXXVI
Reference No. 2
A Concordance of the Uniform Trust Code
Section-by-section comparison of state enactments of the Uniform Trust Code.
Forthcoming · MMXXVI
Real Law Society Press
Return to the catalogue.
The publications of the Press are issued under the imprint of the institution and reviewed by faculty before they enter the catalogue.