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Moral and Religious Qualification Clauses And Fiduciary Duty

A methodology is needed to help meet the grantor’s goals.

Recently, more instances have emerged of trusts that contain clauses in which the grantors are trying to dictate not just the behavior of their beneficiaries but also their beliefs. These provisions often emerge in areas of religious practices, substance abuse and charitable giving. Numerous articles have been written covering the planning and creation of incentive provisions from a client’s point of view, but for a fiduciary, moral and religious qualification clauses can pose


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