Chart: Trustee Duty to Disclose under UTC by Enacting Jurisdiction

November 19, 2010

The Uniform Trust Code (UTC) has been enacted in 21 states and the District of Columbia, and has recently been introduced in New Jersey. Notwithstanding that the goal of the UTC is uniformity of the law of trusts, there is an almost complete lack of uniformity among UTC enacting jurisdictions regarding the trustee’s duty to disclose information to trust beneficiaries. This lack of uniformity reflects deep policy disagreements concerning trustee disclosure, and creates risks for fiduciaries that administer trusts in multiple jurisdictions. This chart is intended to illustrate the significant differences among enacting jurisdictions, and aid fiduciaries in understanding and carrying out their fiduciary obligations.

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