Delegation of trustee duties restricted: delegation allowed only by trust terms, business necessity, necessity, or beneficiary consent. A trustee cannot delegate the office or duties of trusteeship except where the instrument of trust allows, the delegation is in the regular course of business, is necessary, or a competent beneficiary consents. Appointment of an attorney or proxy for merely ministerial acts involving no independent discretion is not delegation. Examples include a surviving co trustee executing the trust, hiring an auctioneer to sell trust property, and employing a person to collect rents.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Delegation of trustee duties restricted: delegation allowed only by trust terms, business necessity, necessity, or beneficiary consent.
A trustee cannot delegate the office or duties of trusteeship except where the instrument of trust allows, the delegation is in the regular course of business, is necessary, or a competent beneficiary consents. Appointment of an attorney or proxy for merely ministerial acts involving no independent discretion is not delegation. Examples include a surviving co trustee executing the trust, hiring an auctioneer to sell trust property, and employing a person to collect rents.
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