What is the test for determining the amount of fees payable by a trustee in a trust?

California, United States of America


The following excerpt is from McLaughlin's Estate, In re, 274 P.2d 868, 43 Cal.2d 462 (Cal. 1954):

However, the authorities relied upon by her hold that the income of a trust is only one of many factors to be considered in determining the fees allowable to a trustee. As stated in Re Estate of Prescott, 179 Cal. 192, 175 P. 895, '(t)here is * * * no inflexible rule for measuring the allowance; the question of what is a reasonable compensation depending[43 Cal.2d 468] 'largely upon the circumstances of each particular case." 179 Cal. at page 193, 175 P. at page 895. Other factors properly to be considered include 'the success or failure of the administration of the trustee; any unusual skill or experience which the trustee in question may have brought to his work; the fidelity or disloyalty displayed by the trustee; the amount of risk and responsibility assumed; the time consumed in carrying out the trust; the custom in the community as to allowances to trustees by settlors or courts and as to charges exacted by trust companies and banks; the character of the work done in the course of administration, whether routine or involving skill and judgment; any estimate which the trustee has given of the value of his own services. * * *' 4(2) Bogert, Trusts and Trustees, 377-381, 976; see also in re Estate of Duffill, 188 Cal. 536, 547, 206 P. 42; Bixby v. Hotchkiss, 72 Cal.App.2d 375, 379, 164 P.2d 804. The trial court has a wide discretion in determining the allowance. See cases collected in 11 Cal.Jur.Supp. 184, pp. 84-86.

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