The position of a trustee is an important one, and an annual (or more frequent, if necessary) review of the trust is essential if a trust is to provide the asset protection that it was set up to achieve. Case law shows that, where a trust is not properly administered, the Courts have been willing to ‘look behind’ the trust structure to attribute its wealth to the beneficiaries personally. This means that, if a trust is not administered properly, you may undermine any asset protection benefits of the trust
To help ensure a trust is being administered effectively, we have provided a non-exhaustive checklist for you and your fellow trustees to consider. Please take the time to go through this checklist, ensuring that you and your fellow trustees consider each of the matters raised. If you have any queries, we encourage you to contact us to discuss further.