July 2, 2015
Authored by: Luke Lantta
We have looked at a number of chapters of the Wellin trust disputes in South Carolina and how they are shaping trust protector law. A recent district court opinion in one of the cases, McDevitt v. Wellin, digs a little deeper into the authority of the trust protector, namely if the trust protector had the authority to amend the procedure for his own removal. Not surprisingly, the opinion turned on the language used by the trustor in the trust when describing the trust protector’s powers.
The trust protector purported to amend the trust and to change the procedure for his own removal. It was argued that the amendment was invalid because, through the amendment, the trust protector was increasing his