Eldon Van Gundy v. Quinton Van Gundy, 2012COA194 (November 8, 2012)

To trustee or not to trustee? That was the question facing a son, who was trustee for a trust benefiting his father. The trust, established in 2004, took a turn for the worse in 2008 and 2009. After a significant loss, the father sued his son, claiming he breached the trust agreement. The trial court found the son breached the agreement by purchasing stocks on margin and failing to diversify investments, which the trial court found to be “imprudent” under the uniform prudent investor rule, codified at CRS 15-1.1-102. The court of appeals reversed in part, finding it was error for the trial court to utilize the statutory rule because the trust documents expressly permitted the son to invest trust assets without regard to whether the investments would be permissible under law. Although a trust cannot contract away all fiduciary duties, it can reduce the threshold for imprudence.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0750-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8733&courtid=1

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