Since the introduction of The trustee Act 2000, trustees now have particular obligations concerning the serving and administration of trust funds. The duty of care applies to professional and lay trustees. Still higher standards are expected from professional trustees.
A legal duty of care applies to the trustee investments that are contained within the trust. For new or existing trusts, the trustees must take into consideration the trusts objectives and the suitability of the investments to be held.
Trustees have a duty to protect the asset value of the trust fund, whilst offering income for the beneficiaries. It is important for trustees to think about the suitability of the investment funds in the trust, funding, the type of trust in place and the demands of the beneficiaries.
A diversified portfolio of assets should be used to meet the trusts special aims.
This approach can help to reduce the volatility within the trust investment funds by vesting across various asset categories. It is critical to take into account risk any specific prerequisites of the trustees. This could also include consider investing in an ethical or sociably responsible manner.
Trustees have an administrative duty to re-examine the assets contained within the trust on a regular basis. This can be a prolonged and lengthy process, particularly if the trust decision makers are not experienced investors.
Trusts and Financial Advice
It is fundamental to seek independent and impartial advice on the assets held inside any form of trust agreement. We continually advise existing and new trustees on suitable asset allocation investment strategies.
Trustees frequently engage the investor functions of a bank or stock-broker. Sometimes the service is not particular to the demands of the individual trust. A one size fits all approach may not take into consideration the individual needs of the trust. E.g., the demands of a large educational trust would be totally different to a small family trust.
The costs to administer the investments are an all-important element. The admin costs charged by stockbrokers and banks for trust investment funds advice can be high. This might impact on the returns the trust can accomplish.
Our investing process takes into account the fee, as this is a well-known factor when we advocate special investment funds.
If as trustees you are deliberating about vesting it is essential to remember that the value of the trust investment funds and the income generated might fall as well as rise. There is no guarantee you will get back more than you vested.
Consilium Asset Management are based in Chipping Sodbury and offer a unique Educational Trustee investment management service Education trusts.