Thank you for sharing!

Your article was successfully shared with the contacts you provided.

While the “pro tanto” rule can play a pivotal role in Surrogates’ Court proceedings, practitioners may be more familiar with the Lone Ranger’s sidekick than with this equitable principle. The rule is a common law doctrine penalizing estate and trust beneficiaries who fail to object to accounting proceedings affecting their interests. To avoid being on the wrong side of its application, beneficiaries should assert timely objections and valid claims. Conversely, the rule provides an uncertain shield to fiduciaries with “clean hands” that satisfy their fiduciary duties. Uncertainties in the rule’s application make it difficult to rely upon; the safest strategy is for beneficiary and fiduciary alike to maintain active, alert participation.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.