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Duty calls

Henry Brandts-Giesen TEP on the investment of trust funds, the gap between law and practice, and why it matters

The purpose of this article is to explain to the modern professional trustee its powers and duties in relation to investment.

Nowadays, trusts commonly hold a wide range of assets like the family home, businesses, farms, financial assets, marine and air craft, and even digital assets. Most commonly, trust property is held by trustees on a discretionary basis. This gives the trustee a lot more flexibility about what to do with income (distribute or reinvest) and when to pay capital to beneficiaries.

However, with that discretion comes a lot more responsibility to make good decisions to ensure that income and capital is available whenever it is needed rather than on a predetermined date.

 

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