Appointment of trustees ― practical considerations

Produced by a Tolley Trusts and Inheritance Tax expert

Trusts and Inheritance Tax

Guidance

This guidance note explains the practical considerations that should be taken into account when appointing trustees . It considers the skills and attributes that a trustee should have and outlines the onerous nature of trusteeship.

This guidance note deals with the position in England and Wales only. See Simon’s Taxes, Division I5.8 for details of the provisions affecting Scotland and Northern Ireland.

Overview

The Appointment of trustees ― legal aspects guidance note sets out in detail who can be a trustee and the Trustees' powers and duties guidance note sets out the powers and duties that trustees have. Once clients appreciate this legal background they must then choose who they wish to appoint as a trustee. Just because someone can be appointed as a trustee, does not mean that they should be. A trustees responsibilities can be heavy and onerous and it is not a position that should be accepted lightly.

A cautionary tale

The case of Brudenell-Bruce v Moore [2014] EWHC 3679 (Ch) is a cautionary tale for professional and

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