Chapter 20 - § 20.12 • IMPARTIALITY

• Jurisdiction: Colorado

§ 20.12 • IMPARTIALITY

The third principal duty of the representative (in addition to the duties of care and loyalty) is that of impartiality. It is the representative's duty to deal impartially and fairly with beneficiaries²³ and not to allow personal prejudices to interfere with that duty.²⁴

The fiduciary duty of impartiality is codified in the Colorado Trust Code at C.R.S. § 15-5-803.

--------

Notes:

^[23] See Michels v. Clemens, 342 P.2d 693 (Colo. 1959); Nossaman, Trust Administration & Taxation §§ 28.18 and 28.20.

^[24] Scott on Trusts § 183 (3d ed.); Bogert, The Law of Trusts & Trustees, supra n. 3, at § 544; for a general discussion of the attitude of the courts toward the exercise of discretionary powers of a fiduciary, see Comm. Rept., "Trustee's Absolute and Uncontrolled Discretionary Powers," 104...