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Could Trust Protector Amend Procedure For Removing Himself?

July 2, 2015

Authors

Luke Lantta

Could Trust Protector Amend Procedure For Removing Himself?

July 2, 2015

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

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Removal Of Trust Protector Was Invalid

November 26, 2014

Authors

Luke Lantta

Removal Of Trust Protector Was Invalid

November 26, 2014

by: Luke Lantta

We have previously looked at issues in the Wellin trust litigation pending in South Carolina here.  Today, in Schwartz v. Wellin (link via Leagle.com), we look at one of the latest installments dealing with removal of a trust protector.

Under the Wellin Family 2009 Irrevocable Trust, the beneficiaries had the right to remove the trust protector and appoint another.  The beneficiaries exercised that right to remove the trust protector on April 29, 2014, but did not appoint a new trust protector until July 18, 2014.  In the interim, on May 2, 2014, the trust protector – who the beneficiaries sought to remove – exercised the trust protector’s right to appoint a new trustee of the trust.  The beneficiaries claimed that the trust protector’s appointment of a new

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