Trustee Compensation Dispute

Trustee Compensation Dispute

Trustee Compensation Dispute

Trustees are entitled to reasonable compensation absent a trust provision setting it. Reasonableness considers the trust's size, complexity, time required, the trustee's skill, and results achieved.

Courts may deny or reduce compensation for breach.

Alternative Names:

Trustee Fee Dispute|Compensation Objection

Why it Matters?

Denial of compensation is available as a remedy for breach independent of surcharge, which means a trustee who committed a breach may forfeit fees for the entire period even where the loss was modest, and that exposure frequently exceeds the surcharge in smaller trusts. Corporate trustee fee schedules are generally upheld while individual trustees claiming hourly rates face closer scrutiny of time records.

Frequently Confused with

Related terms

Frequently asked questions

Is fee denial available for breach?

Is fee denial available for breach?

Yes, independently of surcharge, and forfeiture across the breach period may exceed the loss in smaller trusts.

Which trustees face closer scrutiny?

Which trustees face closer scrutiny?

Individual trustees claiming hourly rates, whose time records receive more examination than corporate fee schedules.