Luke Lantta, of Bryan Cave, looks at McDevitt v. Wellin, which looks at whether a trust protector may amend the procedure for removing the trust protector. His summary begins as follows:
We have looked at a number of chapters of the Wellin trust disputes in South Carolina and how they are shaping trust protector law. A recent district court opinion in one of the cases, McDevitt v. Wellin, digs a little deeper into the authority of the trust protector, namely if the trust protector had the authority to amend the procedure for his own removal. Not surprisingly, the opinion turned on the language used by the trustor in the trust when describing the trust protector’s powers.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.