Just to see if his or her students pay attention and read the instructions, a California professor might play a trick on them. The instructions may have the usual language, such as read each question fully or write complete answers, but then, the instructions may also say to simply put your name at the top of the paper, date it and give it to the professor. Those who follow the instructions get a perfect grade, while not reading them costs others. Something similar could happen when a trustee fails to follow the instructions in a trust — expect the outcome could be trust litigation and not just a bad grade.
As long as they are not illegal, trustees must carry out the instructions left by the trust’s settlor (or grantor). Failure to do so could end up costing the trustee personally and harming the beneficiary or beneficiaries. For instance, a settlor may request that trust assets be used to pay for any outstanding debts of the estate prior to making any distributions. A trust may also put limitations on when distributions may be made or only under certain circumstances.
Making distributions too early or not before following additional instructions in the trust could pit beneficiary against beneficiary. In the alternative, a trustee may not make distributions in a timely manner either. A trustee could end up on the hook for any losses the beneficiaries incur as a result of his or her failure to carry out the wishes of the settlor.
Beneficiaries are entitled to a copy of the trust document. After reading it, it may become clear that the trustee failed to follow its instructions. If that happens, it may be a good idea to discuss the matter with a California attorney. If it turns out that the trustee’s lack of action may be cause for filing trust litigation.
Source: scscourt.org, “Probate Trusts”, Accessed on March 25, 2018