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…
Legal Articles
Trust Beneficiary Consent, Release, Ratification
A breach of trust is a violation by a trustee of a duty the trustee owes to a beneficiary. See Section 456.10-1001.1, RSMo. In serious cases, a breach of trust can warrant a removal of the trustee or a monetary suit for legal damages. A breach of trust, however, can be cured through beneficiary consent, release…
Assumption of Risk & Consent Affirmative Defenses
Assumption of risk is an affirmative defense which states that someone cannot be held liable when the injured party expressly entered into a situation knowing there was a possibility of harm. As an example, playing football is a physical game. When you step on to the field, you’re assuming the risks (and possibly consenting, too) of…