---
title: Litigating Trust Disputes
description: How is a Trust interpreted by the courts? In short re Ruth Easton Fund, 680 N.W.2d 541, 548 (Minn. Ct. App. 2004)
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAEW_ysLfN8.png
---
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02/24/2021
# Litigating Trust Disputes
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Trusts are used to collect and protect assets. To an extent, using a trust permits for just one person to handle all the financial affairs of the person who created the trust. The person who directs the affairs of the trust is referred to as the Trustee. When the Trustee fails to act in the best interests of the trust, there needs to be an assessment of the trust itself to determine what is required, what can be done, and who can do it. How is a Trust interpreted by the courts?
The “guiding principle” of the court in interpreting a trust is to effectuate the testator’s intent as expressed by the trust instrument’s plain language. That includes reading the trust instrument “as a whole, aided by surrounding circumstances, due weight being given to all its language, with some meaning being given, if possible, to all parts, expressions, and words used.” *In re Ruth Easton Fund*, 680 N.W.2d 541, 548 (Minn. Ct. App. 2004) (quotation omitted). That is, you do not read one sentence in isolation. It also means you have to have an understanding or input from the person who created the trust (the testator) to give life and meaning to the terms.
Whether you are in White Bear Lake or Stillwater or elsewhere, a trust is important to understand and interpret. My probate and trust litigation experience can help you navigate through unwanted situations, so feel free to call for an initial consultation on any disputes.
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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09/14/2022 Challenging Amendments to a Revocable Trust A revocable trust's assets and bequeaths are readily changed. Usually, the revision will cause someone to be spurned. If that's you, here's what…
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