MBE Rules · Wills, Trusts & Estates
Directed Trusts
Directed trusts / trust protectors
The rule
Instruments may grant powers to advisors or protectors (investment direction, removal, amendment); a directed trustee following a valid direction has reduced liability, judged by willful-misconduct standards in many states.
In plain English
Directed trusts allow a trustee to follow instructions from advisors or protectors regarding the management of trust assets. When a directed trustee acts according to these valid directions, their liability is limited, and they are only held accountable for willful misconduct rather than ordinary negligence.
Worked example
A trust document specifies that the trustee must follow the investment advice of a financial advisor. The trustee invests in a high-risk venture as directed by the advisor, which ultimately fails. Since the trustee followed the advisor's direction, they are not liable for the losses unless there is evidence of willful misconduct.
Memory hook
Follow the direction, reduce the liability!
The trap
Exams may present scenarios where the trustee's actions seem questionable, leading students to assume liability without considering the directed trust framework. Watch for valid directions that shield the trustee from ordinary negligence claims.
How examiners test it
Questions often involve fact patterns where a trustee is directed by an advisor, testing whether the trustee acted within the bounds of the directed trust and if any misconduct occurred.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414