As Trustees we are conscious of our fundamental duty to report and beneficiaries are able to directly access information on Trust assets using our sophisticated Portfolio Monitoring and other reporting systems as part of our service.
Our Trust and Company team works with internal and external advisers to implement and actively administer trusts and companies to the highest standards in the knowledge that for trust structuring to be effective, active and meticulous management is key.
The fiduciary duties of a trustee are some of the highest responsibilities imposed under law. The purpose of these rules is to protect the beneficiaries. Many of these duties are stated in the trust deed, and additional protection is provided by trust law.
While the trustee’s duties are too numerous to list in full here, several are worth mentioning. One of the most important duties requires the trustee to hold and administer the trust fund for the sole benefit of the beneficiaries. Under no circumstances whatsoever can the trustee deal with the trust fund for its own benefit. If the trustee violates this duty, severe penalties and sanctions can be imposed
Another important duty requires the trustee to exercise reasonable care in managing the trust fund. Sometimes referred to as the “Prudent Man” rule, this duty requires the trustee to act as a prudent and reasonable person would under the same circumstances. A trustee who fails to fulfil this duty can be held financially responsible for the resulting loss suffered by the trust fund.
The trustee may also have a duty to provide the beneficiaries with periodic accounting. This enables the beneficiaries to ensure that the trust is being administered in accordance with the terms of the trust deed and applicable trust law.