This tag is associated with 3 posts

1 of 2 Trustees personally liable

Guarantees are a common part of commerce.  In a practical sense they are often unavoidable.  Shareholders guarantee loans to companies; settlors guarantee loans to trusts – there is a certain symmetry because the shareholder or settlor is able to ultimately benefit from the advance.  But what about when the trustees who are asked for a guarantee cannot … Continue reading

Know your place

Sometimes I can’t say it any better than another trust professional.The following from Lindsay Pope highlights the too-often overlooked issues that can arise as professional advisors and professional trustees lose sight of the important demarcations between their roles: Professional trustee vs professional advisor roles Professional advisers provide advice to clients.  In an advice relationship, decisions are … Continue reading

Removing trustees

The appointment as trustee involves significant responsibility and, in some circumstances, it is inthe best interests of the beneficiaries for a trustee or trustees to be removed. Most commonly a trustee will retire or can be removed pursuant to a power of removal where animosity or other concerns may cloud judgment.  However, in some circumstances, … Continue reading