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Trustee

A person who manages a trust on behalf of beneficiaries. Trustees must act in beneficiaries' best interests and follow the trust terms.

A trustee is a person (or organisation) who holds and manages trust assets for the benefit of beneficiaries.

Trustee Duties

  • Act in the beneficiaries' best interests
  • Follow the trust document and law
  • Invest prudently (unless the trust allows otherwise)
  • Keep proper accounts and records
  • Act impartially between beneficiaries
  • Not profit from their position (unless permitted)
  • Act together with co-trustees

Who Can Be a Trustee?

  • Any adult of sound mind
  • Usually 2-4 trustees for a will trust
  • Can be beneficiaries too (but conflicts need managing)
  • Professional trustees (solicitors, accountants, trust companies)

Trustee Liability

Trustees can be personally liable for:

  • Breach of trust
  • Negligent investments
  • Failing to follow trust terms
  • Not paying taxes properly

Common questions

Can a trustee also be a beneficiary?
Yes, but they must manage conflicts of interest carefully. Having an independent co-trustee helps.
Do trustees get paid?
Professional trustees charge fees. Lay trustees (family/friends) usually don't get paid but can claim expenses.
Can a trustee be removed?
Yes, by the trust document's provisions, beneficiaries' agreement, or court order if they're unsuitable.
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