Typically, people appoint close friends, relatives, or personal associates as individual trustees. Acting as a trustee carries many fiduciary and administrative obligations. It may not be fair to a relative or friend to burden them with such responsibilities, especially if they have other demands on their time, such as work and family. The individual trustee may not be suitably qualified to act, even though they may have the best intentions and a desire to do the right thing.
This is where you should consider appointing a professional corporate trustee. A corporate trustee can serve alone or as a co-trustee with your friend or relative and act as a sounding board that provides advice and helps prevents regulatory breaches due to oversight or a lack of awareness by a non-professional.
Benefits of Corporate Trustees
Using a professional as a co-trustee gives you the best of both worlds. You still have your trusted friend or relative to look after your best interests and a qualified professional to ensure the trust is managed to its fullest capabilities and operates within the trust document's terms.
A professional also brings impartiality into trust decisions, whereas an individual or family member may be influenced by personal relationships, especially if the trustee and beneficiary are family members.
In some cases, a trustee is also a beneficiary, which can create additional conflicts of interest. A corporate trustee offers unbiased and impartial advice that adheres to the terms of the trust and the decisions made when the document was written.
Due to the wide variance of legislation and tax implications in different jurisdictions, our corporate trustee services are offered via external partners. We have an extensive network of qualified and trusted professionals that we can approach for advice or refer you to.
The stability of a corporate trustee
The life of a trust can extend over many generations, far outlasting any one individual or trustee. People also become sick or unable to continue due to a multitude of reasons that would necessitate a replacement being appointed. This change in itself can cause conflict with beneficiaries who may feel that one person or another may have biases, or they may simply not like them. It also interrupts the smooth running of the trust.
Appointing a corporate trustee negates this situation and provides continuity of action and intent.
The duties of a trustee begin with the death of the grantor, and if they are close friends or even family, the trustee will be taking on the burden of responsibility at an emotionally sensitive time and can add to what is already a stressful situation.
Family unity
Appointing a corporate trustee can help prevent family conflicts and maintain unity. Managing a trust takes balancing the demands and needs of the current generation with those of future generations. Any large disbursement made to current beneficiaries will impact what is left to generate income or provide lump-sum payments to beneficiaries in the future.
The impartiality and situational distance corporate trustees bring to bear will help lessen conflict and the emotions that often arise when money decisions are involved, especially if one party is believed, correctly or not, to benefit at the expense of others.
We frequently hear from clients who choose corporate trustees because they want to ensure family unity and make certain their children are adequately cared for after they are gone.
Choosing a suitable trustee is essential
Acting as a trustee is a role that takes a lot of time and requires expert levels of knowledge in many areas. In addition to solid judgment, discretion, and access to resources, a good trustee needs to have specialized knowledge and understanding of areas such as:
A thorough understanding of trust documents.
Trust documents can be wordy, complex, and include much legal terminology that may be difficult for someone not in the legal field to understand and act on. This means extra time and expenses will be needed to seek legal advice or a lot of time devoted to learning what the document says and the action the trustee needs to take.
Record keeping and asset management
The assets in a trust can range from cash, investments, and real estate to intellectual property, artworks, collections, and other items which the trustee may not have sufficient knowledge to manage correctly.
Difficult decision making
Financial and other requests made by beneficiaries to the trust must be carefully considered. A trustee must treat all beneficiaries equally and without favor. If a trustee is a family friend or relative of the beneficiary and the decision is to refuse the request, conflict may ensue that could affect broader family relationships. Similarly, if a request is granted to a beneficiary, other beneficiaries may feel overlooked or unfairly treated and again, the trustee may find themselves involved in family conflict. A corporate trustee does not have to consider fickle family dynamics and bases all decisions solely on the terms of the trust.
Investments, payments, and taxes
If an individual trustee is not knowledgeable about investments or taxes, they’ll need to learn quickly about both or seek costly professional advice. Making investments, distributing assets, and filing taxes accurately and on time are vital duties of a trustee.