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A.R.S. § 14-10902

Standard of Care and Portfolio Strategy for Arizona Trustees

Verified April 4, 202657th Legislature, 1st Regular Session

Trustees must invest as a prudent investor would. They consider the trust's purpose, distribution needs, and the beneficiaries' situation. Courts judge investment choices by the overall portfolio, not by gains or losses on a single asset.

Title 14, ARIZONA TRUST CODE

azleg.gov

Investing With the Whole Picture in Mind

This statute spells out what it means to manage trust assets well. A trustee must consider the trust's purpose, distribution schedule, tax effects, and inflation. They must also look at the beneficiaries' other resources.

A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard the trustee shall exercise reasonable care, skill and caution.

A.R.S. § 14-10902(A)

A single investment that loses value does not mean the trustee failed. The law looks at the portfolio as a whole. This means courts review the overall strategy, not just one result.

Factors a Trustee Must Consider

The statute lists factors that should guide investment choices. These include economic conditions, inflation, expected tax effects, and how each asset fits the broader portfolio.

A trustee's investment and management decisions respecting individual assets shall not be evaluated in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

A.R.S. § 14-10902(B)

The trustee must also weigh total return, liquidity needs, and the beneficiaries' other resources. Some assets may hold special value to the trust or to a beneficiary.

Trustees have a duty to verify facts about their investments. This means doing homework, not just relying on guesses. No type of investment is off-limits if it fits the trust's needs.

These duties help families choose the right person to manage the trust. Family members and professionals must follow the same standard when building an investment strategy.

A. A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard the trustee shall exercise reasonable care, skill and caution. B. A trustee's investment and management decisions respecting individual assets shall not be evaluated in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. C. Among circumstances that a trustee shall consider in investing and managing trust assets are any of the following that are relevant to the trust or its beneficiaries: 1. General economic conditions. 2. The possible effect of inflation or deflation. 3. The expected tax consequences of investment decisions or strategies. 4. The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, specialty assets, alternative investments, tangible and intangible personal property and real property. 5. The expected total return from income and the appreciation of capital. 6. Other resources of the beneficiaries. 7. Needs for liquidity, regularity of income and preservation or appreciation of capital. 8. An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. D. A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. E. A trustee may invest in any kind of property or type of investment consistent with the standards of this article.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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