Description
Understand the evolving boundaries of trustee and protector responsibilities, and learn how to navigate fiduciary duties, powers, and potential breaches with confidence
“…whilst the law relating to the trustee’s role as regards the exercise of a substantive power vested in it is well developed, having been declared and affirmed by courts over many years, the law relating to the fiduciary protector’s role where a consent power is conferred on it in relation to a trustee’s substantive power is relatively undeveloped.”
A v C [2026] UKPC 11 at [40]
The Trusts Act sets out the mandatory duties owed by trustees together with default duties that apply to the extent not modified or negated by the trust instrument. This practically focused webinar will consider the scope and parameters of trustee duties; indicia an consequence of breach with an exploration of the interplay between trustees and protectors and other control mechanisms.
HIGHLIGHTS
This webinar, which will conclude with a question-and-answer session, will consider:
- the mandatory and default duties contained in the Trusts Act
- the extent to which default duties can be modified or excluded
- adviser obligations relating to the modification or exclusion of default duties
- the ambit of the role of any protector appointed by trustees or settlors
- breach of duties
- the consequence of breach, and
- when inadequate deliberation will amount to a breach of fiduciary duty.
The webinar will also include an update with respect to relevant case law.
WHY ATTEND
The introduction of mandatory and default duties has directed a granular consideration of default and mandatory duties. However, it is important to consider trustee duties, powers and breach in a wider construct. Trustees are held to a high standard, but not one of perfection. This webinar analyses the scope of duties, powers and control mechanisms by reference to contemporary case law and trust scenarios.
LEARNING OUTCOMES
Attendees will learn:
- how to advise trustees with respect to default and mandatory duties
- specific considerations with respect to trustees who are beneficiaries
- the extent to which default duties can be modified or excluded
- the ambit of the role of protector and other control mechanisms
SUITED TO
This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.
PRESENTER
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation, and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.
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