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Remedies Against Beneficiary

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Presentation on theme: "Remedies Against Beneficiary"— Presentation transcript:

1 Remedies Against Beneficiary

2 1. Misappropriation -- § Beneficiary has misappropriated or otherwise wrongfully dealt with trust property.

3 2. Involved with breach -- § 114.031
Consented to breach Participated in breach Agreed to be liable for trustee’s breach

4 3. Failure to repay loan or advance § 114.031

5 4. Failure to repay excess distribution -- § 114.031
E.g., mistaken payment under §

6 5. Breach of contract to contribute to trust -- § 114.031
E.g., beneficiary promises to add his/her own property to the trust and then fails to do so.

7 Trustee’s right of offset -- § 114.031
Trustee may offset even if trust has a spendthrift provision.


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