The Mandatory Basis of Trustee Duties

Abstract

The fiduciary relationship essentially involves the trustee exercising discretion to influence the actual interests of the beneficiaries. The fiduciary duties of trustees are mandatory and can be analyzed from the perspective of their origins. In the trust relationship, this involves the unique aspects of trust property ownership and the rights structure of beneficiaries within the trust system. "Public policy" in trusts is closely related to the nature of the trust property and the resultant trust relationships. The concept of trust within the fiduciary relationship abstractly demands that trustee duties be mandatory.