Trustees: Need to Know 8 – trustee powers to delegate

Number eight on our list of trustee ‘need to know’ is the limited powers available to trustees to delegate their responsibilities and powers.  These vary between the collective delegation of authority by all the trustees and the power of an individual trustee to delegate.  The individual trustee can delegate his or her authority through a power of attorney, but there are limitations.  It must be renewed every year, the trustee remains liable for the actions of the attorney and all the other trustees must be notified promptly.

This will be one of the topics reviewed in more depth during the forthcoming Trustee Training Events at Rhug estate and Ragley Hall, organised in conjunction with the CLA. For more details:

Trust Programme Spring 2015

This is the eighth of 10 brief ‘Need to Know’ notes for trustees and their professional advisers.

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Trustees: Need to Know 7 – Trusts can’t last forever

In general private trusts cannot exist forever, due to the rule against perpetuities.  Older trusts may be limited by a ‘royal lives clause’ or similar, while newer trusts will now be covered by the Perpetuities and Accumulation Act 2009.  A key point is that some older trusts may now be entering their final decades so it will be vital that trustees start to consider the long-term future of the assets under their control.

This will be one of the topics reviewed in more depth during the forthcoming Trustee Training Events at Rhug estate and Ragley Hall, organised in conjunction with the CLA. For more details:

Trust Programme Spring 2015

This is the seventh of 10 brief ‘Need to Know’ notes for trustees and their professional advisers.

Trustees: Need to Know 6 – Third thing for the new trustee

The third thing that the new trustee should do is to review the trust records and accounts to ensure that all is in order, with professional help if necessary.  In particular it is important to ensure that there have been no breaches of trust or other malfeasance.  Trustees are entitled to be indemnified against external liabilities and it is worth checking that suitable insurance policies are in place.  A professional trustee also needs to ensure that an appropriate fee basis has been agreed and fully understood.

This will be one of the topics reviewed in more depth during the forthcoming Trustee Training Events at Rhug estate and Ragley Hall, organised in conjunction with the CLA. For more details:

Trust Programme Spring 2015

This is the sixth of 10 brief ‘Need to Know’ notes for trustees and their professional advisers.

Trustees: Need to Know 5 – Second thing for the new trustee

The second thing the new trustee should ensure is that the assets are all secure.  Are they there?  Are they in good condition?  Is maintenance up to date and are they safe?  Are they insured?  Trustees generally have an overriding right to arrange insurance, and to pay the premium from either trust income or capital.

This will be one of the topics reviewed in more depth during the forthcoming Trustee Training Events at Rhug estate and Ragley Hall, organised in conjunction with the CLA. For more details:

Trust Programme Spring 2015

This is the fifth of 10 brief ‘Need to Know’ notes for trustees and their professional advisers.