Trustee & Fiduciary Duties

Our team provides expert guidance to executors, trustees, and fiduciaries on the administration of estates and the creation and ongoing management of trusts. Our advice covers the full spectrum of issues that may arise, including the fulfilment of fiduciary and professional duties.

The role of a trustee or fiduciary carries significant responsibility. Individuals in these positions are bound by strict obligations to act in the best interests of beneficiaries, safeguarding and managing trust and estate assets with care. Trustees, particularly in discretionary trusts, must take a proactive approach, assessing the merits of restructuring trust investments before making distributions.

Working in close collaboration with our Private Client team, our Trusts & Estates Disputes team supports trustees and fiduciaries in navigating their duties, even in challenging or sensitive circumstances. We offer clear, practical advice tailored to each situation, whether the arrangement is modest or part of a large, complex private wealth structure.

 

Our experience includes advising on fiduciary responsibilities in contested scenarios, where disputes may arise and where clarity and confidence in decision-making are essential.

EXPERIENCE
Acting for the managing trustees of a UK based retirement benefit scheme worth between £50 - £80m (due to fluctuating equities) with the funds seized by the US Government. Averting proceedings in the High Court and appointing a New York law firm who succeeded in the release of the funds after explaining to the US District Attorney the niceties under UK trust law of distinguishing between the obligations of trustees and rights of beneficiaries. United States of America v Vilar and Tanaka.
Acting for a Swiss fiduciary and advising on disclosure and other obligations for trustees acting in hundreds of trusts.
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