Does a trust's beneficiary have to ratify a trustee's otherwise unauthorized act?
MultiRegion, United States of America
The following excerpt is from Rajamin v. Deutsche Bank Nat'l Trust Co., 757 F.3d 79 (2nd Cir. 2014):
Because, as the above authorities demonstrate, a trust's beneficiaries may ratify the trustee's otherwise unauthorized act, and because a void act is not subject to ratification, Aronoff v. Albanese, 85 A.D.2d 3, 4, 446 N.Y.S.2d 368, 370 (2d Dep't 1982), such an unauthorized act by the trustee is not void but merely voidable by the beneficiary.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a beneficiary of a trust receives dividends from the trust, does the beneficiary have to pay tax on the net income of the trust? ("New York", United States of America)
When can a trust beneficiary sue a trustee for failing to perform his duties? (MultiRegion, United States of America)
Can a stranger to the trust be held liable as a constructive trustee for breach of trust? (Canada (Federal), Canada)
Does a cause of action accrue when a pension plan makes a determination affecting a potential beneficiary's rights prior to the filing of an application by the beneficiary? (MultiRegion, United States of America)
Is there a constructive trust or constructive trust for the return of property acquired by mistake? (Canada (Federal), Canada)
How have the Trusts in a trust action been interpreted in the context of an employer's failure to properly calculate and timely payments? (MultiRegion, United States of America)
What is the effect of a payment by the trust to the taxpayer of 1.7 million dollars prior to the winding up of the trust? (Canada (Federal), Canada)
Can new trustees of a society be found to have knowledge of an injunction that applies to and named only the former trustees? (Canada (Federal), Canada)
What is the fiduciary duty of a trustee in a personal trust? (Canada (Federal), Canada)
What is the test for standing to assert a claim of public trust under the Public Trust doctrine? (MultiRegion, United States of America)
