Consent/Ratification to Breach of Trust, Minors

Under certain circumstances, a trust beneficiary can consent to a trustee’s conduct that would otherwise constitute a breach of fiduciary duty. For a consent to be proper, the beneficiary must know of all material facts relating to the breach. Section 456.10-1009(2), RSMo.

Missouri law, furthermore, imposes specific limitations on consent or ratification on behalf of minors. Specifically, a parent may consent or ratify a breach of trust, but only if (1) there is no conflict of interest between the parent and children and (2) there is no conservator, conservator ad litem or guardian already appointed for the child. Section 456.3-303, RSMo.

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