Consider concentration in the context of the trust.
Section 16048 provides for diversification of trust investments unless it is prudent not to diversify under the circumstances. The exception depends on the actual facts; it is not established by simply describing an asset as special or familiar.
Practical documentation steps
These are suggested organizing practices, not a complete statement of legal requirements.
- Identify concentrated positions and their role in the portfolio.
- Consider constraints, liquidity, and relevant trust purposes.
- Document the reasoning and a process for revisiting it.
A question for your professional
What facts support the approach to concentration in this trust?
Know the limits
Applicability depends on your role, the governing documents, the facts, and current law. Trust examples should not automatically be applied to estates or other engagements. Federal tax, other-state law, and court-specific issues may require separate research and advice.