Screen a trustee decision for a conflict of interest
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Flag the trustee, the other party, any family or business link the file shows, and the deed clause that mentions the transaction. Do not decide that the transaction is voidable.
- What the lawyer must review
- Uniform Trust Code § 802, where enacted, requires the trustee to administer the trust solely in the interests of the beneficiaries. A sale, encumbrance or other investment or management transaction for the trustee's own account, or otherwise affected by a conflict, is voidable by an affected beneficiary unless the terms authorise it, the court approved it, the beneficiary is out of time under § 1005, the beneficiary consented, ratified or released in compliance with § 1009, or the trustee entered the contract or acquired the claim before becoming or contemplating becoming trustee. A transaction with the trustee's spouse, descendants, siblings, parents or their spouses, an agent or attorney, or a corporation or enterprise in which the trustee has an interest that might affect the trustee's best judgment, is presumed to be affected by a conflict. You decide whether an exception applies. The Code is a model until the state enacts it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.