Wednesday, December 29, 2010

Prudent Man Rule and Prudent Investor Rule

Prudent Man Rule and Prudent Investor Rule
old
new
Prudent Man RulePrudent Investor Rule
To delegate any duties to others 
NOT allowed (*2)
Yes
Impartiality standard (*1)
 Yes
Yes
Preservation of the principal
Required
Permissible (*4)
Preservation of the purchasing power (*3)
Required
Required

(*1) The impartiality standard requires prudent handling of different interests, such as those of different beneficiaries (i.e. remaindermen and current-income beneficiaries).

(*2) The trustee was not allowed to delegate any duties to others.

(*3)  By earning a return sufficient to offset inflation.

(*4) Growth in the real value of the principal is permissible.

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