Jenner & Block

“The Perils of Failing to Follow the Trust Instrument,” The Estate Planner

In this article, Jenner & Block Chair Craig C. Martin and Partner Brienne M. Letourneau highlight the case of Deborah Dereede Living Trust dated December 18, 2013 v. Karp.  Recently decided by the Court of Appeals of South Carolina, the case illustrates the risk inherent in a trustee’s decision to deviate from the language of the trust, even if that decision was made in good faith.  “The case also highlights the importance of carefully documenting the basis for each fiduciary decision,” the authors observe.