Name
The Relevance of Gross Negligence in Trust Litigation – How Bad Is Bad?
Date & Time
Thursday, March 19, 2026, 3:15 PM - 4:20 PM
Description
Focusing on trust disputes in common law jurisdictions, this session explores the critical distinction between negligence and gross negligence, and why that distinction matters in litigation. Our facilitators will guide the room to consider how exculpation clauses should be drafted, when trustees may be prevented from relying on them, and the evidentiary burden plaintiffs must meet to establish gross negligence. The session will offer practical insights for both contentious and non-contentious trust practitioners.