12/18/2014

  1. Introduction
    1. The Origin of the Duty Owed
    2. The “Terms of the Trust”
    3. Fiduciary Duty Generally
    4. Fiduciary Standards and Trustee Identity
    5. The Common Law and the Codification of the Law of Trusts
  2. Causes of Action
    1. Equity Jurisdiction for Actions Against Trustees
    2. Actions Against Trustees in General
    3. Remedies
    4. Cost of Suit
    5. The Impact of Exculpatory Clauses
    6. Tortious Interference with an Inheritance
  3. Right to Information
    1. The Nature and Scope of the Trustee’s Duty: the Johnson Decision
    2. Accountings and Revocable Trusts
  4. Distribution and Trustee Discretion
    1. Settlor Intent: Support/Discretionary Trusts
    2. The Support/Discretionary Trust Distinction in Maryland
    3. Eliminating the Categories under the UTC and Restatement (Third)
    4. Retaining the Categories Under the Maryland Trust Code Proposal
    5. Ascertainable Standards and Estate Planning
    6. Ascertainable Standards are Measurable
    7. The Rights of Remainder Beneficiaries and Ascertainable Standards
    8. Extended Discretion and Court Enforcement of Distributions
    9. Extended Discretion and the Uniform Trust Code
  5. Trustee Investment Obligations
    1. The “Prudent Man Standard”
    2. The Prudent Investor Rule
    3. Maryland’s Version of the Prudent Investor Rule
    4. The Theoretical Underpinnings of the New Rule
    5. Diversification and the Modern Portfolio Theory
    6. Diversification and Special Assets
  6. Extrinsic Evidence and the Terms of the Trust
    1. Rules of Construction and Settlor Intent
    2. The Plain Meaning Rule and Testamentary Trusts
    3. Exceptions to the Plain Meaning Rule
    4. The Latent Ambiguity Exception
    5. Exception to Plain Meaning for Surrounding Circumstances
    6. Other “Exceptions” to the Plain Meaning Rule
    7. Plain Meaning and Inter Vivos Trust
  7. Hearsay Rule
    1. The State of Mind/Intent Exception to the Hearsay Rule
    2. Exception Covers the Declarant’s Later Action
    3. Future Action May Include No Action
  8. Dead Man’s Statute
    1. The Maryland Dead Man’s Statute
    2. Dead Man’s Statute is Strictly Construed
    3. Examples of Strict Construction
    4. A “Transaction” for Purposes of the Statute
    5. Opening the Door to Excluded Evidence
  9. Confidential Relationship
    1. Confidential Relation and the Burden of Proof
  10. Attorney/Client Privilege
    1. The Privilege and the Attorney for a Trust