Legal Question in Wills and Trusts in Virginia

Can the settlers of a trust sue the trust beneficiaries to regain capital assets if the beneficiaries fail to abide by trust special warranties? Issue - United Methodist Church is not operating in accordance with its rules and discipline regarding issues of human sexuality. Our local church trust contains special warranties requiring the beneficiary, the United Methodist Church, to operater in accord with their rules and discipline. As the beneficiary is not operating in accord with this condition of the trust, does that not negate the beneficiaries trust benefit, the use of the trust assets? I have settler assigns willing to bring suit.

Asked on 8/01/17, 7:36 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

You would not sue the beneficiaries. The Settlors / Trustors (creators) of the Trust could sue the TRUSTEE(s) to enforce the terms of the trust.

Also, any alternative or contingent beneficiaries could also sue. For example, if the trust assets go to alternative beneficiaries if the main beneficiaries default, the other alternative beneficiaries could sue.

But the terms of the trust would have to be very clear and not subject to vague interpretation.

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Answered on 8/01/17, 7:45 pm

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