Also known as: best interest principle · best interests · best interests of the child
Written by attorneys · grounded in primary & secondary sources — see below
A decision-making standard requiring evaluation of options to maximize the welfare of the affected party or entity. The standard directs fiduciaries, courts, and other decision-makers to select the course that best promotes the long-term interests of the corporation, child, estate, or other protected subject.
Beacon Bank faces a shareholder derivative suit alleging that two officers diverted corporate funds. The board appoints a committee of qualified directors that conducts an inquiry and concludes the suit would harm the bank's reputation and finances. The court grants the bank's motion and dismisses the proceeding.
Brianna Burke, a fit parent, refuses to allow her former neighbor to visit her child. The neighbor petitions under a state statute that permits visitation whenever a judge finds it serves the child's best interests. The court denies the petition because the statute fails to give special weight to the fit parent's decision.
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Brendan Burns serves as personal representative of his aunt's estate. After probate he sells the remaining rental property and distributes proceeds promptly to the three adult heirs rather than holding the asset for possible appreciation. The heirs later confirm that the quick settlement served the estate's overall welfare.
Bradley Banks and Beatrice Brown divorce. Their minor child requires long-term therapy for a chronic condition. The court places portions of both spouses' separate retirement accounts into a trust dedicated to the child's medical and educational needs.
Benson Motors, a limited partnership, faces a derivative claim alleging that the general partner mismanaged funds. The partnership forms a special litigation committee that begins an investigation. The court stays discovery for the period reasonably needed for the committee to finish its work.
Benito Benitez files a derivative suit against Bay Area Systems. The board's qualified directors determine after inquiry that continuing the suit is not in the corporation's best interests. To avoid dismissal Benito must allege with particularity facts showing the board's determination failed the statutory requirements.
In a custody proceeding a parent may request a temporary order supported by affidavits. When the other parent files an opposing affidavit the court must hold a hearing and decide the motion under the same best-interests standards that govern final custody awards.
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Yes. The court may set aside a portion of either or both spouses' jointly and separately held estates in a separate fund or trust for the support, maintenance, education, and general welfare of any minor or dependent child.
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The plaintiff must allege with particularity facts establishing that the board's determination was not made in good faith after a reasonable inquiry or that the inquiry did not support the conclusion that the suit is not in the corporation's best interests.
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…of Delegates adopted preambles and most of the resolutions proposed by the reference committee. The preambles emphasized "the best interests of the patient," "sound clinical judgment," and "informed patient consent," in contrast to "mere acquiescence to the patient's demand." The resolutions asserted that abortion is a medical…