Duty of Impartiality

Duty of Impartiality

Duty of Impartiality

A trustee must consider the differing interests of current and future beneficiaries, particularly in investment allocation between income production and growth. The prudent investor framework and principal and income acts address the tension.

Trust terms may direct favoring one class.

Alternative Names:

Impartiality|Trustee Impartiality

Why it Matters?

Investment allocation creates inherent tension between income beneficiaries wanting yield and remaindermen wanting growth, and total return investing with a unitrust or power to adjust resolves it by decoupling distributions from accounting income. Trustees using traditional income allocation in a low-yield environment face impartiality claims from income beneficiaries. Documenting the balancing analysis protects against both sides.

Frequently Confused with

Related terms

Frequently asked questions

What resolves the income and growth tension?

What resolves the income and growth tension?

Total return investing with a unitrust or power to adjust, which decouples distributions from accounting income.

What protects the trustee?

What protects the trustee?

Documented balancing analysis showing consideration of both current and remainder beneficiary interests.