While Trusts can be an effective mechanism for protecting assets in the event of claims, particularly creditor claims associated with businesses, to adequately protect Trust assets from such claims, a Trust needs to be managed properly. Trusts are generally not managed properly where the Trust does not have an independent Trustee. Often without an independent Trustee, the assets of a Trust are treated as personal assets.
Recent Court cases have shown that having an independent Trustee who has no interest in the Trust is one of the most effective ways to ensure that the Trust assets are protected in the event of a claim being made against the Trust.
Having an independent Trustee means that there is little or no risk of a Trust being viewed as a “sham” due to the same people who have established the Trust (the Settlors) not retaining all effective control over the Trust.
To assist clients in managing their Trust properly and ensuring that there is less risk of there being a successful claim against a Trust, we offer an independent Trustee Service through our company Sutcliffe Matson Trustee Services Ltd. Through our Trustee Company, we can provide an independent co-trustee for Trusts.
By using this service, our Trustee Company and independent Trustee can ensure that a Trust is managed properly by facilitating and documenting annual Trustee meetings, as well as assisting with Trust decision-making.
If you are interested in this service for your Trust, please contact one of our Trust Solicitors.