Article On Forfeiture Provisions In Trusts

Deborah S. Gordon (Professor of Law, Drexel University School of Law) recently published an article entitled, Forfeiting Trust, 57 Wm. & Mary L. Rev. 455-512 (2015). Provided below is an abstract of the article:

This Article exposes the conflicting ways that courts and legislatures have been grappling with these clauses that pit settlor intent not against a general distaste for forfeiture but instead against fiduciary accountability. After examining the roots of this confusion, the Article proposes a more coherent approach to trust forfeiture clauses that recognizes property owners’ interests in facilitating smooth relationships between their trustees and beneficiaries without forfeiting the precious oversight that allows trusts and the parties to a trust relationship to function properly.