Skip to main content

Insight article

December 19, 2024

What are trustee responsibilities? A guide to key duties and best practices

Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.

Trustee responsibilities

What is a trustee?

A trustee is a person or a firm that holds and administers property or assets held in a trust for the benefit of a third party. Trusts can be created for a variety of purposes. For example, trusts can be established in bankruptcy situations, in certain types of retirement plans, or to manage assets for a minor or someone lacking capacity. Alternatively, you can establish a trust to hold assets with income and capital to be distributed to beneficiaries over time.

Trustees have a fiduciary responsibility to the trust’s beneficiaries, which means the trustee must act in the best interests of the beneficiaries when managing the trust’s assets.

Key trustee responsibilities

A Trustee’s duties are many and varied, and we set out some of the duties you can expect to undertake:

Making Decisions

Trustees must make all decisions regarding the trust. They must decide on the acquisition, application, and disposal of the assets. They also need to implement the purposes of the trust for the benefit of the beneficiaries. They must also make decisions within the trust rules and have a duty to exercise reasonable care, skill, and diligence when making decisions and managing the trust’s assets.

The Trustee Act 2000 extended the power of investment trustees whilst protecting the beneficiaries’ interests against abuse of these powers.

Unless otherwise provided for in the trust document, trustees’ decisions must be unanimous.

Managing assets

Trustees are responsible for managing the assets in a trust, be they money, financial instruments, property, or other asset types (for example, cryptocurrency). The assets must be managed for the benefit of the trust’s beneficiaries.

If the trust is a discretionary trust, the trustees will have more freedom to make decisions, provided those decisions benefit the beneficiaries.

The 2000 Act empowered trustees to acquire freehold or leasehold land in the UK.

Trustees can instruct professionals to act on behalf of the trust to assist in acquiring and disposing of assets.

Act in the best interests of the beneficiaries

The trustees must always act in the best interests of the beneficiaries. They must be impartial to ensure no single beneficiary benefits over others. They must also avoid any conflicts of interest concerning themselves, their affairs, and the trust estate under their charge.

Follow the rules of the trust

The trust deed establishing the trust will set out the trustees’ powers and rules designed to benefit the beneficiaries. Trustees cannot ignore those rules when making decisions and must always follow them, even if a beneficiary disagrees with them.

If the trust is a discretionary trust, the extent of the discretion will be specified in the trust deed. Again, trustees should ensure they do not exceed the powers or breach the rules set down in the trust document.

Keeping accounts and paying taxes

The trustees will be responsible for accounting to HMRC for any taxes due by the trust. These might include Inheritance Tax, Capital Gains Tax, and Income Tax. The Trustees will prepare accounts each year and submit returns to HMRC to account for any tax due. Trustees can instruct accountants to prepare accounts and advise on taxation matters.

Complying with the common law duty of care

All trustees must comply with the common law duty of care. That means they must take the precautions that an ordinary prudent person of business would take in managing similar affairs of their own.

Think carefully before accepting a trustee appointment

The duties and responsibilities of trustees are onerous and can take up a great deal of time. They may bring you into conflict with the trust’s beneficiaries, which can be challenging, especially when they are family members.

Before accepting the position, take professional advice about the duties and responsibilities and familiarise yourself with the rules under which you are being asked to act as a trustee.

Contact James McMullan, Partner and Head of Private Client at RIAA Barker Gillette, for expert advice on navigating trustee responsibilities and protecting beneficiaries’ interests.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more
  • Pension inheritance tax changes will increase executors’ responsibilities from April 2027
    From 6 April 2027, most unused pension funds and pension death benefits will be included within the scope of Inheritance Tax. We explain what the changes mean for executors, why estate administration may become more complex and how careful planning c


    Read more
  • What is company record keeping and why is it important?
    Accurate company record keeping is essential for meeting legal obligations, protecting directors and shareholders, supporting business decisions and reducing risk. This guide explains which records companies should maintain, why they matter and the c


    Read more
  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more

What they say...

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

Read more
Send this to a friend