Does Your West Palm Beach Trust Need a Non-Disclosure Agreement Between You and the Trustee?

Are you establishing a revocable trust in West Palm Beach?  Did you know that you are not simply limited to the Florida Trust Code’s default rules, you can add specific duties to your trustee. Can you add a restrictive covenant that prohibits them from divulging certain information? A Non-Disclosure Agreement (“NDA”) may be a perfect and appropriate addition to your West Palm Beach trust learn more today.

Restrictive Covenants or “NDAs”

• Restrictive covenants are common in other areas such as non-compete clauses.
• Courts in West Palm Beach are very wary of enforcing overly broad restrictive covenants that prevent a person from working.
• In that same vein you may have trouble precluding a trustee from taking other gainful employment if you cannot establish an appropriate reason.
• But what about a non-disclosure agreement for your West Palm Beach trustee?
• This would appear proper, after all one of the best parts of a trust is the privacy.
• Compare this to a will where the document has to be filed to be probated,  a West Palm Beach trust can be administered without ever becoming a public record.
• If secrecy is your goal then a non-disclosure agreement may be proper as well.
• Do you know what information you want to keep from disclosure?
• Do you know how to make such an agreement enforceable?
• Experienced West Palm Beach probate litigators know that sometimes the actions of a trustee will have to become public but a lot of trust administration can be done privately.
• Specifically, you may want to prevent disclosure to any non-beneficiaries.
• Of course this is not going to limit your right to receive accountings and other necessary information.
• Will West Palm Beach courts enforce a restrictive covenant?
• Check out this case from the Second District Court of Appeal.

Fla. Digestive Health Specialists LLP v. Colina

• This was an appeal from the Second District Court of Appeal in Florida.
• A group of physicians had started a practice and part of the practice was a restrictive covenant that acted as a non-compete clause.
• One partner apparently breached the agreement and the others sued to enforce it.
• The Second District Court of Appeal was willing to enforce a reasonable agreement that was meant to protect legitimate interests.
• Do you have a legitimate interest in limiting disclosure of your trust documents?

Want to learn more about non-compete clauses and non-disclosure agreements in West Palm Beach?

Check out the entire case by clicking here.