Dennis Delaney and Kurt Somerville, partners at Hemenway & Barnes, are contributing authors of the new edition of Understanding and Using Trusts, published by Massachusetts Continuing Legal Education. The book presents the essential issues in Massachusetts trust law and practice, including formation of the trust; duties, powers, and liabilities of trustees; responsibilities for various types of trust investments, including guidance on the Massachusetts Prudent Investor Act; distribution, funding, and accounting issues; duties relating to income tax and GST tax; obtaining the court's assistance with trust administration; administration of charitable trusts; and trust termination.
Two critical areas of trust-related law practice are explored in detail: lawyers acting as trustees and lawyers representing trustees. A number of difficult regulatory and ethical issues are raised by these types of practice, and Understanding and Using Trusts explores these issues in depth. Practice notes are included throughout the book on best practices to adopt and potential pitfalls to avoid when exercising trustee powers and advising clients.