Duty to Inform and Report

Duty to Inform and Report

Duty to Inform and Report

Trustees must respond to reasonable information requests, provide notice of the trust's existence to qualified beneficiaries, and furnish periodic accountings. The Uniform Trust Code sets minimum requirements.

Some provisions may be waived by trust terms.

Alternative Names:

Duty to Account|Information Duty

Why it Matters?

Failure to provide required notice delays the running of limitations on breach claims, since statutes commonly run from the date a beneficiary received adequate disclosure rather than from the breach, which means a trustee who withheld information extends its own exposure indefinitely. Providing complete accountings starts the clock and is protective. Silent trust provisions limiting disclosure are permitted in some states and prohibited in others.

Frequently Confused with

Related terms

Frequently asked questions

How does disclosure affect limitations?

How does disclosure affect limitations?

Statutes commonly run from adequate disclosure, so withholding information extends the trustee's exposure indefinitely.

Can the duty be waived?

Can the duty be waived?

Partially in some states through silent trust provisions, though several jurisdictions prohibit them.