What Acceptance Triggers
Agreeing to serve as trustee is not a ceremonial step. The moment a trustee accepts the role, a set of legal obligations locks into place. This statute sets the baseline: every action the trustee takes must reflect good faith, align with the trust's stated terms and purposes, and serve the interests of the beneficiaries.
On acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with this chapter.
A.R.S. § 14-10801Good faith means more than avoiding dishonesty. It requires the trustee to act with genuine care and attention, making decisions that align with what the trust creator intended. A trustee who ignores the trust document or prioritizes convenience over the beneficiaries' welfare is not meeting this standard.
Why the Trust Document Matters
The trust's terms and purposes act as the trustee's instruction manual. A well-drafted trust spells out who receives distributions, when, and under what conditions. The trustee does not get to improvise. If the trust says distribute income quarterly, the trustee distributes income quarterly. If the trust restricts principal distributions to health and education, the trustee follows that restriction.
This is also why working with experienced estate planning counsel during the drafting stage is so valuable. Clear, specific trust language gives the trustee a roadmap and reduces the chance of disputes among beneficiaries later.
