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Fletcher v. Fletcher

Supreme Court of Virginia

480 S.E.2d (1997)

Relevant factsFree

Elinor Leh Fletcher's trust, as amended, created three separate $50,000 trusts for her son James Fletcher (plaintiff) and his two children, naming her other son and a bank (Trustees) (defendants) as trustees. After Elinor's death, James asked for the complete amended trust instrument, having received only three of its pages, and asked to review Schedule A, a list of assets transferred into the trust. The Trustees refused, claiming Elinor had orally instructed them to keep the separate-trust provisions confidential, though they said they had disclosed everything relating to James and his children's own interests and provided regular accountings. James sued to compel disclosure, arguing he needed the full documents to determine whether the Trustees were protecting his interests or had breached their duties; the trial court found James had an absolute right to complete copies of the trust and related documents, and the Trustees appealed.

IssueFree

Whether a trustee may withhold trust documents from review by a beneficiary who makes a reasonable request for such information.

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