Duties of trustees

As a trustee you are responsible for looking after assets on behalf of beneficiaries. We can help you complete your duties to the required standards.

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Your guide to being a trustee
How our trusts solicitors can help with your trustee duties

Trusts have existed for many years and so duties for trustees have evolved over time. In the Trustee Act 2000 a vast number of these duties were revised and set out in legislation.

We can assist and guide you in a number of tasks including:

  • Understanding the terms of the Trust and the particular provisions of the Trust Deed
  • Chairing the trustees meeting – there is a duty under the Trustee Act 2000 to review the Trust regularly and your trustee’s meeting can ensure this review is conducted
  • Drafting minutes of the trustees meeting – we can complete the required documentation to ensure that proper records are kept of the decisions
  • Trust accounts – what’s in the trust? What expenses have been incurred? What distributions of income have been made? The accounts will show all these factors and we can draft these on behalf of the trustees
  • Providing beneficiaries with information – the beneficiaries have a right to information and we can ensure that they are kept fully informed by providing the correct documentation
  • Helping the trustees consider any delegation of their duties and the rules surrounding requirements and limits to such delegation

We can hold trustees meetings in any of our offices and provide telephone and video conference facilities, where this will help, to bring all trustees together.

How our trusts solicitors can help with your trustee duties

Trusts have existed for many years and so duties for trustees have evolved over time. In the Trustee Act 2000 a vast number of these duties were revised and set out in legislation.

We can assist and guide you in a number of tasks including:

  • Understanding the terms of the Trust and the particular provisions of the Trust Deed
  • Chairing the trustees meeting – there is a duty under the Trustee Act 2000 to review the Trust regularly and your trustee’s meeting can ensure this review is conducted
  • Drafting minutes of the trustees meeting – we can complete the required documentation to ensure that proper records are kept of the decisions
  • Trust accounts – what’s in the trust? What expenses have been incurred? What distributions of income have been made? The accounts will show all these factors and we can draft these on behalf of the trustees
  • Providing beneficiaries with information – the beneficiaries have a right to information and we can ensure that they are kept fully informed by providing the correct documentation
  • Helping the trustees consider any delegation of their duties and the rules surrounding requirements and limits to such delegation

We can hold trustees meetings in any of our offices and provide telephone and video conference facilities, where this will help, to bring all trustees together.

Speak to a member of our trusts team on 0161 475 7676 or get in touch via our contact form

Speak to a member of our trusts team on 0161 475 7676 or get in touch via our contact form

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why work with us

Why choose SAS Daniels for support with trusts?

A team with your best interests at heart, dedicated to helping you plan for the future and protect your assets. Individual, personal service from one of our hugely experienced trusts solicitors.

Trusts Frequently Asked Questions

View the most frequently asked Trusts questions that we get at SAS Daniels.
  • What is the difference between executors and trustees?

    Executors are the people you appoint to deal with the administration of your estate after you have died. Trustees are the people you appoint to administer any ongoing trusts contained in your will. Both roles can be fulfilled by the same person.
  • Can a trustee be held personally liable?

    Yes – if a trustee acts outside the remit of his powers then he or she may be held personally liable for any loss arising from this breach of trust.
  • Is a trust a separate legal entity?

    A trust does not have separate legal identity such as a company does but it will be separate from a trustee’s own personal affairs and if it is registered at the tax office it will have its own tax reference etc.
  • Can a trustee also be a beneficiary?

    A trustee can also be a beneficiary but problems may arise if there are issues where a conflict of interest may apply. Suitable additional provisions may be required in the trust document to ensure no problems are caused.
  • In whose name should trust assets be held?

    The key thing is that trust assets are registered in the names of all trustees and as a general rule all trustees’ decisions must be unanimous. Ideally, there should also be some designation on the investment or account that the asset is held as trustees of the said trust.
  • Is there a maximum number of trustees?

    The maximum number of trustees that can be registered for property at the Land Registry is four and we would suggest that this is the maximum number of trustees that should be appointed.

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