05/12/23
The Importance of Selecting Appropriate Trustees
Establishing a Trust involves critical decisions, one of the most important being the selection of trustees. These individuals bear the responsibility of managing and administering the Trust in accordance with its objectives. Navigating this process can be complex and understanding the available options is vital for making informed decisions.
The Initial Step in Trustee Appointment
The Trust instrument, the legal document that brings the Trust into existence, often serves as the initial platform for appointing trustees. The Settlor, the individual establishing the Trust, has the opportunity within this document to specify their chosen trustees, and often includes provisions for adding more trustees as needed. It’s like writing your Will; you decide who handles your affairs.
Section 36 of the Trustee Act 1925
Circumstances change, and so may the ability of a trustee to serve. Under Section 36 of the Trustee Act 1925, provisions are made for appointing new trustees in various scenarios, such as the death, absence, or incapacity of a trustee. This section outlines the hierarchy of individuals authorised to appoint a new trustee, ensuring continuity in Trust administration.
Section 19 of TOLATA 1996
In certain situations, the beneficiaries themselves, if of full age and capacity, have the authority to appoint and remove trustees as per Section 19 of the Trusts of Land and Appointment of Trustees Act 1996. This provision empowers beneficiaries, giving them a direct role in the management of the Trust.
A Last Resort under Section 41 TA 1925
On rare occasions, court intervention may be necessary for the appointment of trustees. Section 41 of the Trustee Act 1925 provides for such instances, enabling the court to appoint trustees when other methods are not viable. This is a discretionary power, exercised with the best interests of the Trust and its beneficiaries in mind.
Choosing Trustees
The decision to appoint trustees should not be taken lightly. A balance is often desirable, combining the personal insights of family trustees with the professional expertise of legal or financial professionals. This blend can provide comprehensive oversight and management of the Trust and some of the best professional trustees may be able to offer the advantages of professional expertise with the comfort of a human touch.
Tailoring Trustee Appointments to Individual Trusts
Each Trust is distinct, with specific needs and challenges. Professional legal advice is often essential in navigating trustee appointments, particularly further down the line. At CTT Law Ltd, our solicitors are equipped to guide you through the complexities of trustee appointment, addressing unexpected developments and ensuring the integrity of the Trust. For bespoke solutions and expert guidance, contact us at 01926 563 670.
This article does not constitute legal advice and cannot be relied upon; it is for general information only.
