Good luck to the trustee who would endeavor to forge beneficiary-consensus as to ESG Investing objectives

Social investing (SRI/ESG Investing) of assets subject to an irrevocable trust implicates the trustee’s duty of undivided loyalty unless the terms of the trust expressly direct/authorize the trustee to engage in such activity. It is no wonder that default fiduciary social investing has been practiced almost exclusively in the charitable space. To the extent that there are adverse economic consequences to the estate of a charitable trust that are attributable to a particular social-investing...
By: Charles E. Rounds, Jr. - Suffolk University