Understand the process behind trust investment decisions.
California identifies its prudent investor rule in § 16045. Section 16047 considers the trust’s purposes, terms, distribution needs, and circumstances, and evaluates individual investment decisions within the overall portfolio and investment strategy. It does not prescribe one allocation for every trust.
California Probate Code § 16045UPIA · Official legislative sourceCalifornia Probate Code § 16047Prudent investor standard · Official legislative source
Practical documentation steps
These are suggested organizing practices, not a complete statement of legal requirements.
- Organize objectives, liquidity needs, constraints, and relevant facts.
- Review the investment approach in the context of the whole portfolio.
- Preserve the reasoning and any unresolved questions.
A question for your professional
How do the trust’s terms and circumstances affect the investment approach?
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.