Exercising trustee powers

There will be times during your role as trustee when you make decisions that affect the administration of the trust.

As trustees you must ensure you have the correct powers to deal with the assets under your control before any decisions are made about their use.

A similar situation can arise where a new trustee needs to be appointed. Trustees need to be sure that the correct power is given to them under the terms of the trust.

If trustees do not hold the power to appoint new trustees and still go ahead, the new trustee may not be validly appointed. Any decisions taken by that trustee could be called into question by the beneficiaries in the future.

Reviewing trust documents

No two trusts are the same and it is important to review all trust documents, including any supporting deeds which accompany the trust deed, before decisions are taken. We can review the trust documents and summarise all of the powers which are given to you as trustee under the deed.

We can advise on how these powers should be exercised, the impact of any decisions you make and what could happen if you do not take any action.

We can also assist in situations where you think a problem has arisen, such as when a trustee may not have been appointed correctly, or if you are unsure about the authority you have to make a trust distribution to some or all of the beneficiaries of the trust.

Choose Furley Page for advice about trustee powers

Our extensive knowledge of trust law means we can advise you on any issues relating to the powers given to you as a trustee.

Some of the powers you may have are only exercisable in writing. We can prepare all relevant documentation to confirm decisions you have taken. This ensures that you are fully compliant with the terms of the trust while at the same time, providing a full written record of the decisions you have taken.

Contact Harvey Barrett or David Fielding to find out how we can help you.

How can we help you?

How can we help you?