Trust Law

Below are brief summaries of important Missouri appellate cases affecting the rights and duties of trust beneficiaries and trustees, and other aspects of trust law. Please click on the link below each summary to learn more about that case.

Klinkerfuss v. Cronin, 289 S.W.3d 607 (Mo. App. E.D. 2009)

Where a beneficiary brings an action against a trustee of a trust that the court determines is vexatious and without merit, the court is within its discretion to award the trustee’s costs in defending the lawsuit solely against that beneficiary’s share. Learn More >> 

Wilson v. Rhodes, 258 S.W.3d 873 (Mo. App. S.D. 2008)

A trust spendthrift clause only prevents the alienation of trust property a beneficiary is entitled to receive in the future, not property that the beneficiary has a vested right to receive.  Learn More >>

Brams Trust #2 v. Haydon, 266 S.W.3d 207 (Mo. App. W.D. 2008)

A party holding a power of appointment may represent all trust beneficiaries whose interests could be extinguished unless the person being represented objects. Also, in order to terminate a trust, the trustee must show that the unascertained and unborn beneficiaries will benefit from termination.  Learn More >>

Betty G. Weldon Revocable Trust v. Weldon et al., 231 S.W.3d 158, (Mo. App. Ct. W.D. 2007)

Remainder beneficiaries are “qualified beneficiaries” and have standing to bring suit regarding trust management. In addition, a trial court has inherent authority to remove and replace trustees on its own initiative when it finds a serious breach of trust has occurred.  Learn More >>

Davis v. U.S. Bank Nat. Ass'n, 243 S.W.3d 425 (Mo. App. E.D., 2007)

Where an income beneficiary brings suit against a trustee and has a substantially identical interest as the remainder beneficiaries, the income beneficiary may virtually represent them in an action to remove trustee.  Learn More >> 

Kimberlin, et al. v. Dull, 218 S.W. 3d 613 (Mo. App. W.D. 2007)

Where a trust settlor retains the power to revoke a trust, he also retains the power to amend it.  Learn More >>

Saigh v. Saigh, et al., 218 S.W.3d 556 (Mo. App. E.D. 2007)

A trustee is not liable for a breach of trust committed by a co-trustee, unless the trustee approves or acquiesces in a breach of trust committed by his co-trustee or negligently administers the trust in a manner that enables the co-trustee to commit a breach of trust.  Learn More >>

Shriner’s Hospital for Children, et al. v. Schaper, 215 S.W.3d 185 (Mo. App. E.D. 2006)

Where the settlor expresses a clear intention to keep specific bequests intact and separate from the residuary estate, it is appropriate for the successor trustee to pay all taxes out of the trust residuary.  Learn More >>

Molasky v. Molasky, 165 S.W.3d 210 (Mo. App. E.D. 2005).

The right to receive proceeds of a life insurance policy is a sufficient corpus to create a trust, and the trust need not have a corpus at the exact time it is created.  Learn More >>