Since the introduction of The trustee Act 2000, trustees now have special responsibilities concerning the service and administration of trust funds. The duty of care is applicable to lay and professional trustees. Even So higher standards are expected from professional trustees.
A legal duty of care is applicable to the trustee investment funds that are contained within the trust. For new or existing trusts, the trustees must take into account the trusts aims and the suitability of the investments to be held.
Trustees have a responsibility to protect the value of the trust fund, whilst providing income for the beneficiaries. It is critical for trustees to take into account the suitability of the investment funds held, funding, the type of arrangement and the requirements of the beneficiaries.
A varied portfolio of assets should be used to meet the trusts particular targets.
This approach can help to limit the risks within the trust investment by placing across different asset categories. It is important to take into account risk any special prerequisites of the trustees. This could also include investing in an ethical or sociably responsible manner.
Trustees have an administrative duty to review the assets contained within the trust on a regular basis. This can be a time-consuming and lengthy process, specially if the trust administrators are not practiced investors.
Trusts and Financial Advice
It is critical to seek independent and impartial advice on the assets held within any form of trust agreement. We regularly advise existing and new trustees on acceptable asset allocation investment strategies.
Trustees frequently engage the investor functions of a bank or stock-broker. Sometimes the service is not particular to the needs of the individual trust. A one size fits all approach may not take into consideration the personal needs of the trust. E.g., the demands of a large educational trust could be totally different to a small family trust.
The costs to administrate the investment funds are an important component. The admin fees charged by banks and stockbrokers for trust investment funds advice can be expensive. This will impact on the returns the trust can achieve.
Our investing procedure takes into account the charges, as this is a recognized element when we advocate special investments.
If as trustees you are thinking about vesting it is essential to remember that the value of the trust investment and the income generated could rise as well as fall. 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.