Expert Analysis

The appropriate framework for trust disclosure: Validity of proprietary rights theory

By Suzana Popovic-Montag ( May 29, 2026, 11:53 AM EDT) -- When it comes to trust documents, an issue the courts have grappled with multiple times over the years is whether the beneficiaries of a trust are entitled to disclosure outside the context of adversarial litigation. Although trust beneficiaries are entitled to an accounting regarding the administration of trust property, there is no firmly established right to the disclosure of trust documents beyond an accounting....
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