Also known as: RFIs · request for information · request for info
Written by attorneys · grounded in primary & secondary sources — see below
A formal inquiry by a trust beneficiary directed to the trustee seeking material facts about the administration of the trust. The trustee must keep qualified beneficiaries reasonably informed and must promptly respond to such an inquiry unless the request is unreasonable under the circumstances.
Michelle, an income beneficiary of a trust holding commercial properties, sent a signed request to Blue Real Estate, the trustee, asking for copies of newly signed fifteen-year leases. The trustee had supplied only quarterly net income figures. The request sought material facts about the administration of the trust. Blue Real Estate had to respond promptly because the request was reasonable under the circumstances.
Alice, a remainder beneficiary of a family trust holding diversified securities, sent a signed request to First Bank, the trustee, asking for the current portfolio holdings and recent trade confirmations. The trustee had supplied only annual summaries. The request sought material facts about the administration of the trust. First Bank had to respond promptly because the request was reasonable under the circumstances.
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Robert, an income beneficiary of a testamentary trust, sent a signed request to State Trust Company, the trustee, asking for records of all discretionary distributions made in the prior three years. The trustee had supplied only tax information returns. The request sought material facts about the administration of the trust. State Trust Company had to respond promptly because the request was reasonable under the circumstances.
Elena, a qualified beneficiary of a charitable remainder trust, sent a signed request to Coastal Foundation, the trustee, asking for an itemized breakdown of annual trustee fees and expenses. The trustee had supplied only a lump-sum expense total. The request sought material facts about the administration of the trust. Coastal Foundation had to respond promptly because the request was reasonable under the circumstances.
A trustee must keep qualified beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. The trustee must promptly respond to a beneficiary's request for information related to the administration of the trust unless the request is unreasonable under the circumstances.
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A trustee may decline when supplying the information would be unreasonable under the circumstances. Factors include the volume of documents, the sensitivity of the information, and whether the request appears based on speculation rather than demonstrated need.
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The request must relate to the administration of the trust and seek material facts necessary to protect the beneficiary's interests. Idle curiosity or a desire to harass the trustee will not justify a request.
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The trustee must furnish material facts about trust administration, including documents such as leases or valuations when those facts bear on the prudence of the trustee's decisions and the protection of beneficiary interests.
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…information is available for free. At some point in time, someone (Robins’ complaint does not specify who) made a Spokeo search request for information about Robins, and Spokeo trawled its sources and generated a profile. By some means not detailed in Robins’ complaint, he became aware of the contents of that profile and discovered that it…