But What’s an Ascertainable Standard? Clarifying HEMS Distribution Standards and Other Fiduciary Considerations for Trustees



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Estate Planning and Community Property Law Journal


This paper won’t provide a definitive list of what a trustee can and cannot do, it will provide guidelines for trustees (and the people who advise them). Although this may only be a second-best option for a trustee who merely seeks a bright line test, it is hoped that this guidance will nonetheless put him or her at ease with regards to some admittedly tough questions. In particular, this paper will seek to enlighten individual trustees who may not have the legal resources of their corporate brethren. They, and those who advise them, are encouraged to turn to this resource for guidance, both when establishing a trust and also when considering a particularly tough distribution.



Fiduciary duty, Distribution standards, Unascertainable standards, Ascertainable standards, Mandatory distributions, Determining beneficiary’s needs, HEMS standard, Health, Education, Maintenance and Support standard, Distribution request, Trusts, Trustee


10 Est. Plan. & Cmty. Prop. L. J. 1