Duty to Administer the Trust

If the individual named in the trust instrument accepts the office of trustee, he or she will have an affirmative duty to act pursuant to the terms of the trust. Missouri law provides that upon 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 Sections 456.101 to 456.11-1106 RSMO.

The Uniform Trust Code comments to this section provide in part that a primary duty of a trustee is to follow the terms and purposes of the trust and do so in good faith. Additionally, Section 456.8-801 RSMO provides that the trustee must administer the trust in accordance with the terms and purposes of the trust, but the trustee must also comply with Missouri State law as set forth in the MUTC statutes.

While the trustee must follow the purposes and terms set forth in the trust instrument, a trustee is not required to follow a provision in the trust that the trustee knows would be unlawful or invalid because the provision would be contrary to public policy. Missouri law provides in part a trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve.


Our attorneys offer a Complimentary Consultation to learn about your specific circumstances, answer your questions and provide you with a recommended action plan for your specific needs.  There is no obligation and no cost.

Schedule Consultation

Follow Us

We invite you to follow us on social media:


icon facebook

icon linkedin

icon youtube

Office Location

Gregory E. Robinson, P.C.
1422 Elbridge Payne Rd
Suite #170
Chesterfield, MO 63017
TEL: 636-532-9500


The choice of a lawyer is an important decision and should not be based solely on advertisements. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations.

The information presented in this website by Gregory E. Robinson, P.C. is intended as general information and is not legal advice. You should contact an attorney to learn how the law applies to your specific situation. We welcome your phone calls as well as electronic inquiries.

Use of this web site, communicating through this web site or use of electronic email does not create an attorney-client relationship. Email is not a secure form of communication, please do not send confidential or sensitive information.

The information in this web site is not guaranteed to be correct, complete, or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which this site is linked.

Images on the site include simulated portrayals of lawyers, clients, scenes and events.

The copyrights in all text, images, screens and other materials provided on this Site are owned by Gregory E. Robinson, P.C., and/or by third parties.