Since the introduction of The trustee Act 2000, trustees now have specific duties relating to the serving and administration of trust funds. The duty of care applies to lay and professional trustees. However higher standards are expected from professional trustees.
A legal duty of care is applicable 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 suitableness 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 important for trustees to consider the suitability of the investments held, funding, and the type of trust in place and the demands of the beneficiaries.
A wide-ranging portfolio of assets should be used to meet the trusts special objectives.
This approach can help to reduce the risks within the trust investment funds by vesting across several asset categories. It is essential to take into account risk any unique prerequisites of the trustees. This could also include consider investing in an ethical or sociably responsible way.
Trustees have an administrative obligation to review the assets contained within the trust on a regular basis. This can be a drawn-out and lengthy process, especially if the trust decision makers are not veteran investors.
Trusts and Financial Advice
It is important to seek independent and impartial advice on the assets held within any form of trust agreement. We regularly advise new and existing trustees on suitable asset allocation investment strategies.
Trustees frequently engage the investor functions of a bank or stockbroker. Sometimes the service is not particular to the demands of the individual trust. A one size fits all approach may not take into account the individual needs of the trust. E.g., the requirements of a large educational trust might be different to a small family trust.
The costs to administer the investments are an important element. The admin charges charged by banks and stockbrokers for trust investment management can be high. This might have an affect on the investment returns the trust can accomplish.
Our investment funds process takes into account the costs, as this is a well-known factor when we recommend special investment funds.
If as trustees you are deliberating about investing it is essential to remember that the value of the trust investment funds and the income generated could possibly fall as well as rise. There is no guarantee you will get back more than you invested.
Consilium Asset Management are based in Chipping Sodbury and offer a unique Trustee investment management service.