WEL Partners
By Oliver O’Brien
September 19th, 2025
An estate trustee is required to act impartially between all the beneficiaries and to not favor one or more beneficiaries over others. This is colloquially described as the duty to ‘maintain an even hand’.
The duty to maintain an even-hand has particular importance in circumstances where a Last Will and Testament has beneficiaries separately entitled to income and capital. For instance, a Will may provide that the testator’s spouse is designated as an income beneficiary with a life interest in the assets of the estate whereas their children are capital beneficiaries, entitled to the residue. Issues usually occur when an estate trustee makes investments or encroaches (or fails to encroach) on trust assets.
Estate trustees must consider the even-hand rule carefully, as failure to comply may lead to breaches of fiduciary obligations and possibly removal.
Deviation from the even-hand rule is sometimes permitted in instances where a Will or trust document permits it, or where proper consideration is given in the exercise of trustee discretion. Exemption from the rule may also be available when the estate trustee obtains consent from all the beneficiaries to the proposed action.
