Fiduciary Deed for use by Executors, Trustees, Trustors, Administrators and other Fiduciaries - Virginia 2025

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The true statement about a fiduciary is that a fiduciary is required to put a persons financial interests before their own. This means that they have a duty of loyalty and a duty of care towards the beneficiarys interests.
Fiduciary - An individual or bank or trust company that acts for the benefit of another. Trustees, executors, and personal representatives are all fiduciaries.
Typical Breaches of Fiduciary Duty Include: Self-dealing. Losses created by the trustee or executors wrongful act or omission. Material misrepresentation (e.g. failing to disclose facts or false presentation of the facts)
Professional trustee likely going to be the better option in most cases, especially if its a complicated trust.
Who is the Fiduciary of a Trust? The Fiduciary of a Trust is the Trustee, who is tasked with overseeing the management of property and assets within the Trust. Simply put, a Fiduciary is someone who acts on behalf of another person, often in a legal or financial capacity.
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What a Trustee Cannot Do Use Trust Assets for Personal Gain. Ignore or Mismanage Trust Assets. Making Decisions Without Due Consideration. Disclose Confidential Information. Delegating Responsibilities Without Appropriate Oversight. Making Decisions Based on Conflict of Interest. Act Outside the Scope of a Trust.
A trustee is a fiduciary, which means that the trustee is held to a high standard of care and may be expected to pay more attention to the trusts investment and management than he/she generally would pay to his/her own personal accounts or assets.
64.2-105. Incorporation by reference of certain powers of fiduciaries into will or trust instrument.

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